19-4-1 through 19-6-47 of the Georgia state statutes deal with divorce and the related issues. A written petition is required to bring an action for divorce. A complaint is filed in the superior court which contains all the information relating to the marriage and the basis for seeking a divorce. A copy of the complaint is served on the other spouse by the court. Like all other states, the state of Georgia also requires certain residency conditions to be fulfilled. Divorce is not granted to any person who has not been a bona fide resident of Georgia for at least six months before the filing of petition for divorce.

The defendant is given 30 days to reply to the complaint. If the grounds exist, the defendant may file a counterclaim in the court for obtaining a divorce in response to the complaint of the petitioner.

Two kinds of divorces can be obtained in Georgia, one commonly referred to as a ?no-fault? divorce in which the marriage has irretrievably broken down and there is no hope for reconciliation. The court does not grant a divorce on this ground, where the minor children are involved, unless 120 days have passed from the date of service on the respondent. (19-5-3.1, in force from 1st Jan, 2007). The waiting period can be waived if the parties present a settlement agreement that satisfies the court that the principles of ?collaborative practice? have been utilized. Only the court has the final authority to grant a divorce even if to only approve the settlement agreement.

Apart from this, there are 12 other grounds which can be proved to obtain a ?fault? divorce. These are:

?Impotency at the time of marriage
?Mental incapacity at the time of marriage
?Force or fraud in obtaining the marriage
?Consanguineous marriage
?Adultery, heterosexual or homosexual
?Pregnancy of the wife by a man other than the husband, at the time of marriage, unknown to the husband
?Willful and continued desertion by either of the parties for one year
?Conviction and imprisonment of either party for two years
?Habitual intoxication
?Cruel treatment
?Incurable mental illness, certified by two competent physicians
?Habitual drug addiction

Sometimes, for religious reasons, or mostly by women, a case for Separate Maintenance is filed instead of divorce. All the issues are settled as in the case of a divorce; however, a formal divorce is not granted though the couple is now separated in all marital aspects.

The court may grant permanent alimony to either party depending upon various factors including the present condition of the parties, earning capacity and the financial resources. All obligations for permanent alimony, however, terminate upon remarriage of the party to whom obligations are owed. When it comes to the division of marital assets and financial settlements, Georgia is an equitable distribution state.

In all cases in which the custody of any minor child or children is at issue between the parents, there shall be no prima-facie right to the custody of the child or children in the father or mother. One distinguishing feature in Georgia State Statutes so far as awarding the child custody is concerned, is respecting the wishes of a child fourteen years or older who has a right to choose the parent he or she wants to live with. Between the ages of 11 to 14 years, court strongly takes into consideration the desire of the child and, for a child younger than eleven, the best interest of the child is the only controlling factor. In most cases, parties to a legal separation or divorce proceeding in which minor children are involved are required to undertake educational classes to focus on potential impact of separation or divorce on children. Visitation rights are awarded to the parent not given custody. Child Support Guidelines are in effect in Georgia. The guidelines are located in the Official Code of Georgia in section 19-6-15. As per Georgia laws, grandparents and related parties like uncles, aunts, cousins and siblings may be granted visitation rights, if the court deems it necessary for the welfare of the child.

However, in Georgia General Assembly, some of the code sections of The Official Code of Georgia Annotated are likely to be amended. This Act shall become effective on January 1, 2008, and shall apply to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.