Statutory Reference to Georgia Code Annotated:

Divorce: § 19-5-3

Property Division: common law

Alimony: §§ 19-6-1, 19-6-5, 19-6-19

Custody: §§ 19-9-1, 19-9-5

Visitation: § 19-7-3

Child Support: § 19-6-15

 

Residence:

The complainant must live in the jurisdiction for six months prior to the filing of the complaint. Also, a nonresident complainant may file in Georgia if the Defendant has been a resident for 6 months.

 

Grounds:

Irretrievable breakdown; mental incapacity or impotency at the time of the marriage; fraud in obtaining the marriage; adultery; desertion for one year; conviction of an offense involving moral turpitude and imprisonment for two or more years; habitual intoxication or drug addiction; cruel treatment; incurable mental illness.

 

Distribution of Property:

Equitable distribution of marital property developed by case law arising from Stokes v. Stokes, 246 Ga. 765m 273 S.E.2d 169 (1981).  A dual classification system was adopted, with separate property comprising property acquired before marriage, property acquired by gift, and property acquired by inheritance.  The source of funds rule was adopted in Thomas v. Thomas, 259 Ga. 73, 377 S.E.2d 666 (1989).

 

Alimony/Spousal Support:

Temporary or permanent alimony may be granted, except in cases of adultery and desertion.  The court may consider the conduct of the parties toward one another, in addition to needs and ability to pay, in deciding whether to award alimony.  If alimony is to be awarded, the court shall consider, in deciding the amount, the standard of living established during the marriage, duration of the marriage, age and physical and emotional condition of the parties; contributions to the marriage, and financial condition of the parties.

 

Child Custody/Visitation:

The court may award joint custody, and may consider agreements of the parties, if they are in the best interests of the child.  The court shall award custody as in the best interests of the child.  If a child is 14 years old or older, the child shall have the right to select the parent with whom he desires to live, and such selection shall be controlling unless the parent is not fit. The court may consider family violence in making a decision. 

 

Visitation shall be ordered unless there is a history of family violence. 

 

Child Support:

Child support is statutory.  It is the flat percentage of income model, calculated on gross income, with most extra expenses being a deviation factor.