Divorce, Alimony & Equitable Division


As with all other states and territories in the United States, Georgia provides a no fault grounds for divorce based on irreconcilable differences between the parties. In Georgia, a final judgment and decree for divorce may be entered as early as the 31st day after the filing of proof of service. However, prior to entry of the divorce, there must be a resolution of all issues between the parties over which the state of Georgia has jurisdiction. This typically requires resolution of alimony and property division as well as child support and child custody where there are minor children born of the marriage.


Alimony or spousal support may be awarded to either spouse based on financial need, contributions to the marriage, and the presence or absence of fault in the break up of the marriage. Georgia provides no guideline recommendations on alimony, which means that the amount and duration of the award varies from case to case. To read more about alimony, including summaries of recent cases as well as tax guidelines, please follow this link: Posts Related to Alimony.

Equitable Division

Like most of the United States, Georgia is an equitable division state. This means that of the property that is marital, the judge may distribute the property in any manner that the judge finds to be equitable. In most cases, the results are identical to the results in a 50/50 community property state such as California because each spouse receives one-half of the property accrued during the marriage by means other than inheritance. However, in unusual circumstances, the judge does have the discretion to alter the division and may go as far as to distribute all the marital property to one spouse and none to the other. To read more about equitable division, including summaries of recent cases, please follow this link: Posts Related to Equitable Division.