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ANSWERS TO FREQUENTLY ASKED QUESTIONS REGARDING GEORGIA DIVORCE LAW AND PROCEDURE
- My spouse and I both agree on getting a simple, uncontested or no fault Georgia divorce. Do we need to appear in court for a hearing?
It depends on the county in which your case is filed. Some courts grant uncontested divorces without a hearing. Other courts require a formal hearing to be held in divorce cases and all parties involved must appear. After commencing your action for divorce, you will need to contact the chambers of the judge who is assigned to handle your case and inquire as to whether you are required to appear in court for a formal hearing. If a hearing is required, you should appear in court on time, wearing business attire. Always address the judge as "Your Honor."
- How soon after the commencement of my case is the court permitted to grant a final decree of divorce?
A final decree of divorce may be granted no sooner than thirty-one days following the filing of the petition. In some instances, the time may be longer if there are issues that need to be resolved by the court. You may obtain a copy of your divorce decree from the Clerk of Superior Court in the county in which your case was filed. Ordinarily there will be a fee for a copy of the decree. You are not legally permitted to remarry until after your divorce decree is final.
- What factors are considered by a Court in determining whether a spouse is entitled to receive permanent alimony under Georgia Law?
Pursuant to Section 19-6-5(a) of the Georgia Code, the following factors are considered by the Court in determining whether one party is entitled to an award of permanent alimony?
(1) The standard of living established during the marriage;
(2) The duration of the marriage;
(3) The age and the physical and emotional condition of both parties;
(4) The financial resources of each party;
(5) Where applicable, the time necessary for either party to acquire
sufficient education or training to enable him to find appropriate
employment;
(6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
(7) The condition of the parties, including the separate estate,
earning capacity, and fixed liabilities of the parties; and
(8) Such other relevant factors as the court deems equitable and
proper.
- My spouse and I are contemplating a divorce or separation. Can we agree in writing as to the amount and duration of alimony?
Yes. Section 19-6-8 of the Georgia Code provides that:
"In cases of voluntary separation or in cases where one spouse, against the will of that spouse, is abandoned or driven off by the other spouse, a party voluntarily, by contract or other written agreement made with his spouse, may make an adequate provision for the support and maintenance of such spouse, consistent with the means of the party and the former circumstances of the spouse. Such an agreement shall be a bar to the right of the spouse to permanent alimony."
- Is there a formula that is generally used to compute the amount of child support payable under Georgia law?
Yes. Section 19-6-15 sets forth the presumptive method used to calculate child support. The amount payable under that formula is referred to as the "basic child support obligation." There is a presumption that the basic child support obligation is the correct amount payable by the custodial parent for the support of the parties’ child(ren). However, the court may, in certain circumstances, order an amount payable that deviates from the presumptive amount, provided that the court sets forth sufficient evidence, in findings of fact, to warrant a deviation.
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