Annulment of a Marriage
(Separate Website)
An annulment is when a court says your marriage is not legally valid. These web pages describe the situations in which an annulment is appropriate and explain the process for getting an annulment.
By: Georgia Administrative Office of the Courts
Child Deprivation, Domestic Violence and Visitation
Powerpoint on Child Deprivation, Domestic Violence and Visitation issues.
By: Georgia Legal Services Program®
Divorce and Insurance: How to retain your child's health care coverage
(Separate Website)
Mom and Dad don't live together anymore. Your child has two beds, two sets of teddy bears, two groups of friends, and two homes. And, as the years go by, these two homes may be further and further apart. It's important that your child has health coverage in both homes. But how will you achieve this? And who will pay for it? Just one trip to the emergency room may result in many large medical bills. Health care costs can add up quickly, so you'll want to make provisions for your child's continued health coverage as soon as possible.
By: HealthCareCoach.com
The Georgia Child Support Law Details the 2007 child support law for the state of Georgia
By: Atlanta Legal Aid Society
Read this in:
Spanish / Español
Basic Marriage and Divorce Law: Ending Marriages
This document covers basic family law relating to annulments, legal separation, and divorce, including: This document tells you the following: (1) What is an annulment? (2) What are the differences between a legal separation and a divorce? (3) What are the grounds for divorce in Georgia? (4) How do you file for a divorce? (5)
What are the personal rights and obligations arising from the divorce that must be settled for each spouse? It is excerpted from An Introduction to Law in Georgia, Fourth Edition, published by the Carl Vinson Institute of Government, 1998 (updated 2004).
By: Carl Vinson Institute of Government, University of Georgia
Read this in:
Spanish / Español
Defenses to A Divorce
This document lists the defenses to a complaint for divorce.
By: Atlanta Legal Aid Society
Divorce - State Bar of Georgia Consumer Pamphlet
(Separate Website)
The increase in divorce has its effect, directly or indirectly, on virtually every family in the country. The following information is designed to summarize briefly Georgia’s divorce laws.
If your spouse has ever threatened you, physically harmed you, or you have ever been afraid of your spouse, you should talk to an attorney or call 1-800-33-HAVEN BEFORE you file any divorce forms. You could be in danger and need a plan for your safety. Taking any action to separate or divorce may put you in danger!
By: State Bar of Georgia
Divorce (Answers to Common Questions)
This document contains answers to questions many people ask about divorce.
By: Atlanta Legal Aid Society
Read this in:
Spanish / Español
Divorce and Legal Separation
(Separate Website)
These web pages explain divorce and legal separation and the divorce process, including information about filing for divorce, following the rules and procedures, the process for the hearing, and the final divorce decree.
If your spouse has ever threatened you, physically harmed you, or you have ever been afraid of your spouse, you should talk to an attorney or call 1-800-33-HAVEN BEFORE you file any divorce forms. You could be in danger and need a plan for your safety. Taking any action to separate or divorce may put you in danger!
By: Georgia Administrative Office of the Courts
Getting a Divorce in Georgia This document answers common questions about divorce in Georgia.
By: Georgia Legal Services Program®
How to Get a Divorce
This document walks you through the process for getting a divorce.
If your spouse has ever threatened you, physically harmed you, or you have ever been afraid of your spouse, you should talk to an attorney or call 1-800-33-HAVEN BEFORE you file any divorce forms. You could be in danger and need a plan for your safety. Taking any action to separate or divorce may put you in danger!
By: Atlanta Legal Aid Society
Modification of a Court Order in a Family Law Case
This document explains how to modify a court order in a family law case.
By: Atlanta Legal Aid Society
Can I represent myself in a divorce?
(Separate Website)
A brief audio explanation ...
By: Georgia Legal Services Program®
How long does it take to get a divorce?
(Separate Website)
A brief audio explanation ...
By: Georgia Legal Services Program®
I have not seen my spouse for years and I do not know where my spouse is. How do I get a divorce?
(Separate Website)
A brief audio explanation ...
By: Georgia Legal Services Program®
Is there a waiting period for a divorce in Georgia?
(Separate Website)
A brief audio explanation...
By: Georgia Legal Services Program®
My spouse does not live in Georgia. Can I still get a divorce in Georgia?
(Separate Website)
A brief audio explanation ...
By: Georgia Legal Services Program®
There's nothing to settle; I just want a divorce. Why do I need a settlement agreement in an uncontested divorce?
(Separate Website)
A brief audio explanation ..
By: Georgia Legal Services Program®
Can I get a legal separation?
(Separate Website)
A brief audio explanation ...
By: Georgia Legal Services Program®
Legal Definitions for Family Law and Domestic Violence Cases
(Separate Website)
This document contains definitions for legal words often used in domestic violence and family law hearings.
By: Women's Law Initiative
Questions to Ask Before You Hire An Attorney for a Domestic Violence or Family Law matter
(Separate Website)
Questions and answers about hiring an attorney, fees and costs associated with taking legal action, and more.
By: National Coalition Against Domestic Violence
Myths & Realities of Identity Change for DV Survivors Produced by Greater Boston Legal Services, this flyer explores the realities behind changing identities for survivors of domestic violence.
By: Atlanta Legal Aid Society
Privacy & Safety Planning With Survivors: Tips When Relocating
This resource is a handy guide of important tips to remember for domestic violence survivors when they choose to relocate.
By: Atlanta Legal Aid Society
Access to Vital Records (Birth Certificates, Marriage and Divorce Records, etc.)
(Separate Website)
This web site contains information about vital records kept by the State of Georgia, including birth certificates, death certificates, marriage and divorce records, and the putative father registry. The web site also contains answers to common questions about vital records (where to find them, fees for certified copies of the records, etc.).
By: Georgia Division of Public Health
Basic Marriage and Divorce Law: Getting Married
This document covers basic family law relating to marriage, including: What is marriage? What are the requirements for marriage? What kinds of marriages are there? What are prenuptial agreements? What are the legal rights and duties of marriage? How does marriage affect each spouse as an individual? What is the right not to be abused? The document is excerpted from An Introduction to Law in Georgia, Fourth Edition, published by the Carl Vinson Institute of Government, 1998 (updated 2004).
By: Carl Vinson Institute of Government, University of Georgia
Read this in:
Spanish / Español
Marriage
This document provides very basic information about marriage, common law marriage, annulment and separation.
By: Atlanta Legal Aid Society
Marriage and Other Legal Issues Concerning the Family in Georgia
(Separate Website)
This presentation was developed as part of the Law and Government Education Project in the Institute of Government at the University of Georgia. In partnership with the Law School and the Center for Teaching and Learning at UGA and the Law School at Mercer University, the Institute develops resources on basic areas of Georgia and federal law. These resources are then distributed across the state in a variety of ways including the State Bar of Georgia?s Pro Bono Project website. We hope you will find this presentation to be useful and informative. Please be advised, however, that this presentation is designed to provide general information only and does not substitute for legal advice. At the conclusion of the presentation you will find a list of organizations which may be able to provide assistance to those who have legal issues relevant to the topic of this presentation. We encourage viewers to contact these organizations for help. Also, please consult the Pro Bono Project website for a list of other presentations available for viewing.
By: Carl Vinson Institute of Government, University of Georgia
Read this in:
Spanish / Español
Can I represent myself in a divorce?
(Separate Website)
Yes, you have the right to represent yourself. When you represent yourself, you are acting as your own lawyer. Most judges will expect you to behave like a lawyer and expect you to know all the court's rules. If your spouse has hired a lawyer, it is especially easy to get confused or frustrated by court rules. Judges and court staff are not allowed to give you advice. Even if your spouse does not have a lawyer, you may be unable to finalize your divorce without some legal advice. Some people end up going to court over and over again because they are unaware of certain rules. So, if possible, you should hire a lawyer.
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How long does it take to get a divorce?
(Separate Website)
The answer to this question depends on whether you and your spouse are cooperating or fighting about the divorce. If you and your spouse sign a settlement agreement and fully cooperate in the court process, your divorce may be final as soon as 31 days after you file. If your spouse refuses to sign a settlement agreement but otherwise does not fight (i.e., does not file an answer), it can take between 46 and 60 days to finalize the divorce, or longer if the court schedule is busy. If you and your spouse are fighting about property or children, your divorce can take many months or even years to finalize.
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Can I get a legal separation?
(Separate Website)
In Georgia, you become legally separated from your spouse once you intend to be separated and stop having sexual relations with your spouse. You do not need to have a formal, court-ordered separation before you can obtain a divorce. You may not want a divorce, but believe you need a court order to handle certain parts of the separation. In this case, you can file a "separate maintenance action". A separate maintenance action can deal with things like: custody, alimony, and child support. Sometimes it can handle property and debts. If you file a separate maintenance action, your spouse can respond by filing for a divorce.
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Does Georgia recognize common law marriage?
(Separate Website)
A common law marriage is a marriage that is created without a marriage license. As of January 1, 1997, new common law marriages cannot be created in Georgia. However, if you created a common law marriage in Georgia before January 1, 1997, you marriage is still valid. If (before January 1, 1997) you and your partner 1) had the ability to marry 2) intended to marry and 3) behaved as if you were married, then you could have a common law marriage. If you have a valid common law marriage, you must get a divorce in order to end the marriage.
Other Formats:
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I have not seen my spouse for years and I do not know where my spouse is. How do I get a divorce?
(Separate Website)
You will need to tell the court that you tried to find the defendant. You will sign a sworn statement (affidavit) where you:
1. swear that to the best of your knowledge the whereabouts of your spouse are unknown;
2. swear that you have used reasonable diligence in trying to find out where the defendant is (i.e., you tried hard to find him or her); and
3. State what the last residence of the defendant was.
Next, you will file a motion (along with the affidavit) asking for permission to serve/notify the defendant by running an ad in the newspaper (service by publication). Once the Judge gives permission for service by publication, you will publish the notice in the newspaper for four (4) consecutive weeks. If your spouse does not file an answer, the court can grant your divorce as early as 60 days after the first notice ran in the paper. You will have to attend a hearing before the judge can grant your divorce.
NOTE: In a divorce by publication, the court cannot award alimony, child support, or property located outside of Georgia. If you lie to the court about your knowledge of your spouse?s whereabouts, the divorce can be overturned later, and you can be prosecuted for perjury.
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Is there a waiting period for a divorce in Georgia?
(Separate Website)
You must have lived in Georgia for at least six months before you can file for divorce in Georgia. If you live on a military base, you must have lived in Georgia for at least a year.
Other Formats:
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My spouse does not live in Georgia. Can I still get a divorce in Georgia?
(Separate Website)
You can get a divorce in Georgia if your spouse lived in Georgia at one time. You will need to do additional reading about Georgia?s ?Domestic Relations Long Arm Statute? to make sure you meet the special requirements in this situation.
Other Formats:
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My spouse has never lived in Georgia. Can I still get a divorce in Georgia?
(Separate Website)
You may get a divorce in Georgia if you have lived here for six or more months. However, if the court is unable to get personal jurisdiction over your spouse, the court cannot award alimony, child support, or property in another state. Personal jurisdiction means that there are enough connections between your spouse and the State of Georgia that the Georgia Courts have the power to make decisions that will affect your spouse. It is very hard for a court to get personal jurisdiction over someone who has never lived in the state. This is a complicated situation in which you will need a lawyer.
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There's nothing to settle; I just want a divorce. Why do I need a settlement agreement in an uncontested divorce?
(Separate Website)
In our legal system, the only way to avoid going to trial is to settle out of court. If you have no marital property, the settlement agreement is a way to tell this to the court. If you do not want alimony, you may use the settlement agreement to let the court know of your decision. If you have no debts with your spouse, the settlement agreement notifies the court of this fact.
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What is no-fault divorce?
(Separate Website)
In a no-fault divorce, you need not prove that your spouse did something wrong to get the divorce. No one has to be "at fault". It's enough that you don't want to be married anymore. You can get a divorce even if your spouse does not want a divorce. You may have heard the term irreconcilable differences. In Georgia, the phrase is: "the marriage is irretrievably broken." To get the divorce, you need to claim that there is "no hope of reconciliation" ? that there is no hope that you and your spouse will get back together. Also, you need to be separated from your spouse.
Other Formats:
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Can I get alimony?
(Separate Website)
A breif audio explanation ...
By: Georgia Legal Services Program®
Can my spouse and I agree to have no child support?
(Separate Website)
A brief audio explanation ...
By: Georgia Legal Services Program®
I already have an order for child support. Do I still need to fill out the financial affidavit and the child support worksheets?
(Separate Website)
A brief audio explanation ...
By: Immigration Law Clinic, John Marshall Law School
What if my spouse is abusive?
(Separate Website)
A brief audio presentation ...
By: Georgia Legal Services Program®
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LegalAid-GA.org provides general information only. This is not legal advice and cannot replace legal advice. You can get legal advice only from a lawyer. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Viewing this web site or sending an e-mail message through this web site does NOT create an attorney-client relationship.
Copyright and Use Notice
This material is copyrighted by the authoring organization or individual. Legal information can change rapidly. Provided links are kept updated, permission is given to link to this material from a nonprofit, court or government website. Website material may be printed, copied and distributed only in its original format for non-commercial, informational purposes. The material may not be altered from its original format. Reproducing the material to promote a commercial purpose is expressly prohibited. Commercial enterprises are expressly forbidden from linking to our material or using our material in other ways. Legal Aid and GLSP are not liable for the distribution of out-of-date material or links. To inquire about appropriate use of this material, please contact 404-524-5811.
Information Not Legal Advice
LegalAid-GA.org provides general information only. This is not legal advice and cannot replace legal advice. You can get legal advice only from a lawyer. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Viewing this web site or sending an e-mail message through this web site does NOT create an attorney-client relationship.
LegalAid-GA is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. This website was produced with funding from the Legal Services Corporation.
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