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A divorce is a legally recognized termination of a marriage. In Georgia, there are two kinds of divorce “uncontested” and “contested”. Simply put, an uncontested divorce is where the husband and wife agree to the divorce and all material issues regarding the division of marital assets and debts and any issues regarding the custody and support of children. A contested divorce is where the parties cannot agree on one or more these issues.

There are thirteen (13) grounds for divorce in the State of Georgia. However, the most frequently cited ground for divorce is that the marriage is irretreviably broken. This basically means that there is no hope of the parties continuing the marriage. Proof that one party is at fault is not required and this ground may be used in conjunction with other grounds such as adultery or cruel treatment.

In order to file for a divorce in Georgia, you must have been a resident of the State for at least six (6) months immediately preceding the filing of the divorce or if you are a nonresident your spouse must have been a resident of Georgia for at least six (6) months. It can take anywhere from several months to several years to have a divorce completed. The legal fees associated with the divorce and the time period that the divorce takes will depends on the complexity of the parties finances; custody and support issues regarding children; the number of unresolved issues between the parties; and, of course, the parties willingness to resolve these differences in an amicable manner.

Contact a Atlanta divorce lawyer at Peterson & Harris today to discuss your family law case.