Law & Legal & Attorney Divorce & marriage Law

Divorce Laws in Dade County, Georgia

    Eligibility

    • Dade County residents filing for divorce must have resided in Georgia for at least six months before filing. The person filing must also reside in Dade County at the time he files.

    Types of Divorce

    • Dade County residents may file for two separate types of divorce. One type is a no-fault divorce. The resident filing must state that reconciliation is no longer possible, and she must also wait at least 30 days after filing before the divorce is finalized.

      Residents may also file for a fault divorce if one spouse meets certain criteria. These criteria include adultery, mental incapacity at the time of marriage, impotence, obtaining the marriage by fraud, pregnancy of the wife by a man other than the husband during the marriage, willful desertion for at least one year, imprisonment for at least two years, habitual drug or alcohol addiction or incurable insanity.

    Property Distribution

    • Courts assign Dade County residents marital property on a basis the courts deem fair, even if the monetary value is not equal. Judges can consider many factors when determining property distribution, but the state does not specify which factors to consider.

    Alimony

    • Dade County residents filing for divorce may request alimony. Courts consider several factors in determining the amount of alimony to award. These factors include contributions to the couple's marital property, property each spouse owned before the marriage, the length of the marriage, the age and health of both persons, and each spouse's earning capacity and net worth. Spouses who have committed adultery or desertion may not request alimony.

    Child Custody

    • If Dade County residents can't agree on child custody, the courts will decide the issue for them. Courts consider several factors in awarding child custody, including the suitability of each parent, the child's needs, the prior role of each parent, the child's wishes and where the parents live.

      Courts consider additional factors when determining custody or visitation for parents with a history of domestic abuse or abandonment. These factors include the safety of the child and any history of abuse. Spouses who leave a residence because of abuse will not be accused of child abandonment.

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