Residency Requirements for Divorce Filings GA

The compliant for divorce must be filed in the superior court of the county of the other spouse’s residence. If the other spouse has moved out of Georgia, the compliant for divorce must be filed in the superior court of county of the spouse residing in Georgia. Georgia has strict residency requirements for divorce filings. You must meet the residency requirements if you want to file for divorce in Georgia. The residency requirements are provided in the Georgia Code Sections 19-5-5. You must live in Georgia for 6 months before you can obtain a divorce. If you live out of state, you may file against a Georgia resident. There is no legal separation period required, and the divorce may be filed on the date of separation. Also, the parties may be considered separated for the purpose of divorce and still live in the same house. You may sometimes get a default divorce. The court will grant a divorce by “default” if you file for divorce and your spouse doesn’t respond to the petition despite proper service. In a default divorce, the divorce is granted even though your spouse doesn’t participate in the court proceedings at all.

If one parent is the custodial parent, then the other parent almost always is required to pay child support. The reasoning is that both parents are responsible for supporting the kids, and if the kids live with one parent most of the time, chances are that custodial parent will need some help paying for the housing, food, clothing, and everything else the kids need. There are official child support guidelines set out in the statute that are to be followed in all cases in which the parents are not able to reach an agreement.

If the parents are unable to agree to an amount of child support, there are guidelines that determine the amount of support based on the Georgia Child Support Guidelines. The guideline amount is presumed to arrive at an amount of support that is in the child's best interest. In Georgia, child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Georgia child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc. Once this amount is determined it is essential to take a look at any appropriate Georgia child support deviation factors that may be applicable to the situation.

We are based in Athens, GA (Georgia). Our Divorce Attorneys can represent you if you are located in Athens, Watkinsville, Carnesville, Elberton, Homer, Jefferson, Danielsville, Lexington, Hartwell, Winder, and Clarke County, Oconee County, Elbert County, Franklin County, Banks County, Jackson County, Madison County, Hart County, Barrow County and Oglethorpe County, Ben Epps Airport, University of Georgia (UGA), Piedmont Judicial Circuit, Northern Judicial Circuit and Athens-Clarke County.

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Our family law firm handles cases in Athens, Georgia. Our Georgia divorce lawyers represent clients in Athens and the Athens-Clarke County area.