According to many psychologists, January is divorce month in Georgia and other states. There’s no doubt that marriage dissolution filings spike in January, and in many cases, the spike isn’t a random occurrence.
Divorce filings usually decline in October, November, and December. Frequently, a feuding couple agrees to bury the hatchet shortly before Halloween, so they can get through the holidays for their children. The good feelings often and the moment the Christmas tree comes down, if not earlier.
The new years resolution and turning over a new leaf phenomenon affects many people. Advertising may have an even stronger effect. The happy family advertisements that dominate the airwaves during the holidays often act as temporary binding agents. Then, the moment advertising focus switches to Valentine’s Day, people reflect on the sorry shape of their marriages, and they want out.
For the most part, all marriage dissolution matters in Georgia follow the same procedural outline. The timeline varies significantly. Some divorces are concluded in under a month and others take over a year to resolve. No matter how long it takes, a good Marietta family law attorney is with you until the end of the line.
Qualifying for Divorce
Georgia, like most other states, has a residency requirement. Usually, at least one spouse must have been a state resident for at least six months and a county resident for at least ninety days. That residency period must usually be at least mostly consecutive (i.e. ninety days in a row).
Georgia also has a divorce waiting period, like other states. The couple must be separated for at least thirty days. The countdown begins on the date the respondent (nonfiling party) receives official notice of the action or the day the deadline to respond expires, not the date the petitioner (filing party) files legal paperwork.
Filing a Petition
Almost all divorces in Georgia are no-fault divorces based on insupportability (irreconcilable differences). One spouse’s testimony that the marriage is insupportable is sufficient. So, there’s not defense to no-fault divorce and no evidence is required.
State law also includes mental incapacity, desertion, adultery, and a few other fault-based grounds for divorce. Occasionally, a petitioner files a fault-based divorce because s/he needs or wants a judicial declaration that the divorce was the other spouse’s fault. The petitioner must establish fault by a preponderance of the evidence (more likely than not).
Service of process is a much more important concept. The Constitution’s Fourteenth Amendment requires personal notice if possible. If personal service is impossible, either because the respondent refuses to accept it or the respondent’s address is unknown, alternative service is available, such as:
- Nail-and-Mail (mailing a copy to the respondent’s last known address and physically leaving a copy at the front door),
- Publication,
- Posting (if the couple has no assets and no children), or
- Social media (Instagram, Facebook, etc.; normally, the judge must be satisfied that, more likely than not, the respondent or the respondent’s agent viewed the online notice).
Following personal service, most respondents have twenty-one days to respond in writing. The response period is usually a little longer, usually around forty-five days, in alternative service matters.
Temporary Orders
Default divorces skip this step. The respondent may also waive service of process in writing, which makes this step unnecessary.
All other divorces include a temporary hearing, which usually occurs about two weeks after the respondent formally answers the lawsuit. At this hearing, the judge usually enters a restraining order and sets ground rules in other areas.
Normally, the restraining order is a mild property-and-parties restraining order. These orders basically direct each spouse to go to their corners and then come out fighting when the bell rings. These orders also limit spending, asset transfers, and other such property matters.
Occasionally, a restraining order is stronger, if the petitioner proves that family violence has occurred. The fear of family violence may be enough to support a restraining order in some cases.
The aforementioned ground rules usually address the central issues in a divorce, except property division. These central issues include:
- Child Custody: The parenting timeshare agreement must be in the best interests of the children. The order usually designates a residential parent who makes important decisions for the children, such as residence. However, the law expects both parents to actively participate in the lives of the children, at least in most cases.
- Child Support: Guideline support amounts are presumptively reasonable in most cases. Georgia’s child support guidelines are based on the income share model. This model considers such factors as the proportional income of both parents and the parenting timeshare arrangement when setting child support amounts.
- Alimony: The court uses a number of factors, the largest ones being the obligee’s economic need and obligor’s ability to pay, to determine the amount and duration of alimony payments according to the law. Since the judge makes these decisions based on very little evidence, aggressive representation from a Marietta family law attorney is a must-have.
Technically, temporary orders expire when the judge finalizes the divorce. But as many people know, possession is nine-tenths of the law. So, in this context the temporary orders are usually the blueprint for the final orders. Judges only change these orders in extreme situations.
Settlement Negotiations
Almost all family law matters settle out of court. Settlement negotiations usually begin after the temporary hearing. The two parties must work out the aforementioned issues as well as property division. Georgia is an equitable division state. Marital property must be divided equitably, which isn’t necessarily the same thing as equally. Nonmarital property, mostly any property or debt acquired before the marriage, usually isn’t subject to equitable division.
Frequently, the spouses work these matters out on their own. That’s especially true in slow-fade divorces, when the spouses have simply grown apart. Informal settlements aren’t as common in high-asset divorces or marital trauma divorces, such as adultery. Money makes people dig in their heels, and if there’s little trust, the chances of an informal settlement are remote.
If negotiations reach an impasse, the judge usually appoints a mediator. This professional meets with both sides and works with them to hammer out a compromise solution. Mediation almost always works, mostly because both spouses have a duty to negotiate in good faith. They must try their best to reach a settlement and avoid a trial.
During divorce month 2025, or any other month, most marriage dissolution matters have identical procedures. For a free consultation with an experienced Marietta family law attorney , contact The Phillips Law Firm, LLC. Convenient payment plans are available.
