Family Law Laws in Georgia

Family Law Law in Georgia: Overview

Georgia family law is governed by the Official Code of Georgia Annotated (O.C.G.A.) Title 19 (Domestic Relations). The state follows equitable distribution for property division and recognizes both no-fault and fault-based grounds for divorce, with 13 statutory grounds available. Georgia uses the income shares model for child support and applies the best interests of the child standard for custody. The state requires a six-month residency period before filing and imposes a 30-day waiting period after service before the court can grant a divorce. Georgia courts have broad discretion in awarding alimony, and marital fault can significantly impact both alimony eligibility and property division. The state is notable for its rule that adultery is a complete bar to alimony for the offending spouse. Georgia also has specific statutory provisions addressing military families in divorce proceedings.

Key Statutes & Deadlines

Adultery as a Bar to Alimony

Georgia is one of the few states where adultery is a complete bar to alimony. Under O.C.G.A. § 19-6-1(b), if the court determines that the separation was caused by the adultery of the party seeking alimony, no alimony shall be granted to that party. This rule can have a dramatic impact on divorce strategy and settlement negotiations. The burden of proof is on the party alleging adultery, and the standard is a preponderance of the evidence. However, if both parties committed adultery, the bar may not apply. Additionally, condoning or forgiving the adultery may waive the bar. This makes Georgia one of the most consequential states for establishing or defending against allegations of marital infidelity in divorce proceedings.

Thirteen Grounds for Divorce

Georgia recognizes 13 grounds for divorce under O.C.G.A. § 19-5-3, more than most states. These include intermarriage within prohibited degrees, mental incapacity at the time of marriage, impotency, pregnancy by another at the time of marriage unknown to the husband, adultery, willful desertion for one year, conviction of a crime of moral turpitude with a sentence of two years or more, habitual intoxication, cruel treatment, incurable mental illness, habitual drug addiction, the marriage being irretrievably broken, and the spouses having lived separate and apart due to their own choosing for at least one year. The availability of multiple fault-based grounds gives litigants significant strategic options.

Child Support Under the Income Shares Model

Georgia adopted the income shares model for child support in 2007, replacing its previous percentage of income model. Under O.C.G.A. § 19-6-15, the calculation begins with determining each parent's gross income, then combines both incomes to determine the basic child support obligation from a schedule. Each parent's pro rata share is calculated based on their percentage of the combined income. The court then considers adjustments for health insurance, work-related childcare, and extraordinary expenses. Georgia also allows for deviations based on specific factors including high or low parenting time, travel expenses for visitation, extraordinary educational expenses, and the income of a new spouse if it reduces the parent's personal expenses.

Georgia Court System

Family law cases in Georgia are heard by the Superior Courts, which are the state's trial courts of general jurisdiction. Georgia has 49 judicial circuits encompassing the state's 159 counties. Divorce, custody, child support, and alimony cases are filed in the Superior Court. Some urban circuits, such as the Atlanta Judicial Circuit (Fulton County), have dedicated family law divisions. Georgia also has Juvenile Courts that handle matters involving children under 17, including dependency and delinquency cases. Appeals from Superior Court family law decisions go to the Georgia Court of Appeals and may be further reviewed by the Georgia Supreme Court. Georgia courts may appoint a guardian ad litem to represent children's interests in custody disputes and may also utilize custody evaluators and mediators.

Damages & Penalties

Georgia courts divide marital property equitably, with judges having broad discretion to fashion a fair distribution. The court considers each spouse's separate estate, contributions to the marriage (including homemaking), the conduct of each party, and the future needs of each party. Marital fault, particularly adultery, can influence property division. Alimony in Georgia may be temporary, rehabilitative, or permanent, with the court considering the standard of living during the marriage, the length of the marriage, the age and condition of each party, the financial resources of each party, and the time needed for the requesting party to acquire education or training. Adultery by the requesting spouse is an absolute bar to alimony. Child support follows the income shares model, with the basic obligation determined by a statutory schedule based on combined parental income. Enforcement of child support orders includes income deduction orders, contempt of court, license suspension, tax refund intercepts, passport denial, and criminal prosecution for willful nonpayment under O.C.G.A. § 19-6-28.1.

Recent Legislative Changes

Georgia has updated its child support guidelines schedule to reflect current costs of raising children and has improved its online child support calculator. The state has also expanded access to mediation in family law cases and enhanced protections for victims of domestic violence seeking custody modifications.

Frequently Asked Questions