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Georgia Legal Requirements for Divorce



Explanation of Chart and More Information on Requirements for Divorce

Code Section19-5-2-19-5-4
Residency RequirementsOne party resident for 6 months before action.
Waiting PeriodDecree in effect immediately except for irretrievable breakdown, in which case court may not grant divorce in less than 30 days from service on respondent.
'No Fault' Grounds for DivorceIrretrievable breakdown.
Defenses to a Divorce FilingFor adultery, desertion, cruelty, or intoxication: collusion, both parties guilty, subsequent voluntary condonation and cohabitation, consent.
Other Grounds for DivorceAdultery; cruelty or violence; willful and continued desertion for at least 1 yr.; drug/alcohol addiction; impotency; mental incapacity or insanity; pregnant at time of marriage by man other than husband; conviction of crime for which the sentence is 2 yrs. or more; force, duress, or fraud in obtaining marriage; irreconcilable differences; intermarriage within prohibited degrees of consanguinity or affinity.

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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