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Originally Posted by ccollins
Georgia
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When is an uncontested divorce a bad idea?
If the husband and wife are not on speaking terms, then an uncontested divorce may not work. One of the more important aspects of an uncontested divorce is fluid communication. Both parties must be able to discuss their situation, their assets, their debts, and their children if applicable.
If your relationship is one where you are constantly arguing over how to divide assets and debts, where to send the children to school, or when visitations are to be scheduled, you may want to consider either a contested divorce or a collaborative divorce.
There has been a recent surge in a divorce process that puts litigation aside and facilitates a peaceful and collaborative effort to resolve problems. That process is called collaborative divorce.
DivorceNet - Georgia Divorce Law FAQ's
By Anthony M. Zezima, P.C., Attorney at Law
Published: July 17, 2004
There are 13 grounds for divorce in the State of Georgia (including adultery, cruel treatment, etc.) However, most divorces are granted on the single ground that the marriage is "irretrievably broken." It is not necessary to show any wrongdoing or fault, and this is commonly known as "no-fault" divorce.
There is a 6 month residency requirement for filing 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.
The divorce could be granted as soon as 30 days after the date of filing. However, a Final Decree of Divorce will not be granted until the parties have resolved all legal issues between them, either by settlement or trial. These issues include custody of children, support, visitation, and all financial issues such as division of assets and liabilities. A divorce could be pending for months or even years until all these issues are resolved. This could be further complicated if one party insists on a trial by jury. In Georgia, either party can demand that a jury decide all issues of a divorce except custody and visitation.
DivorceNet - Divorce
Divorce Attorneys here:
Georgia Divorce Attorneys, Lawyers, and Law Firms
The Petition for Divorce is the initial document filed with the Georgia court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.
The granting of a divorce shall be according to one of the following grounds:
No Fault Based Grounds:
(1) The marriage is irretrievably broken. Under this ground the parties will not be granted a divorce until 30 days have lapsed from the time of filing.
Fault Based Grounds:
(1) Intermarriage by persons within the prohibited degrees of consanguinity or affinity; (2) Mental incapacitation; (3) Impotence at the time of getting married; (4) Force, duress and fraud (5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband; (6) Adultery by either spouse (7) Willful and continued desertion by either of the spouses for the term of 1 year; (8) Conviction of a felony and imprisoned for a term of 2 years or longer; (9) Habitual drunkenness; (10) Cruel treatment; (11) Incurable mental illness. (12) Habitual drug addiction. (Georgia Code - Sections: 19-5-3)
Divorce Support - Georgia Grounds for Divorce
Selecting a Lawyer/Lawyer Referral Services (half way down the page)
State Bar of Georgia - Public Information
More help and info here
LawHelp Know Your Rights search results for Family Law and Domestic Violence > Marriage and Divorce
http://www.cnomy.com/?dn=equaljustic...sBH8CS2g%3D%3D
Pro Bono Work
State Bar of Georgia - Pro Bono Project
Hope these help
draconis