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Georgia divorce attorneys provide answers to frequently asked questions about Georgia divorce laws and divorce in Georgia. Georgia divorce laws require at least one spouse to be a resident of the state for 6 months. Divorce in Georgia is no-fault based, and the most common ground is irreconcilable differences, meaning the parties simply cannot get along and their marriage is at an end. Other grounds for divorce in GA include adultery, habitual intoxication and abandonment.

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Custody under Georgia law is discussed in terms of legal and physical custody. Legal custody refers to decision making.

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Physical custody refers to the specific time when the child or children will be in each parent's physical possession. If there is a contested custody dispute between the parents, the court will have broad discretion and will base any temp. See, Urquhart v.

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UrquhartGa. Legal Custody — legal custody is broken down into four main areas. Any settlement agreement or court order if a matter goes to trial will deate a final decision maker. Most divorcing spouses are usually both reasonably good parents their disputes as divorcing spouses aside.

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Extracurriculars: Whether this area is important depends on the age and talents of your children. Extracurricular expenses for special athletics or camps can be expensive and disagreement can occur over how spends his or her afternoon time and weekends.

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If you have a particularly gifted child in some field — such as athletics — the final decision can mean a lot. Health Care: Again, the importance of this area will turn on the unique nature of your family.

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If you have younger children with health problems, and the parties do not generally agree on treatment, then final decision making is important. If your children are generally healthy and older, then this is less important.

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Education: No party can be compelled to support beyond the age of majority — defined as the later of the date the child graduates from high school, if the child is 18, or 20 years old if the child has not yet graduated — or pay for private school. A party cannot be compelled at a trial to pay for college.

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However, a party can agree to this in a settlement agreement, which will be incorporated into a final order. Usually, final education decision making is only an issue if the parties have the financial resources to send the children to private school.

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The child or children will be zoned to attend public schools in the school district where the custodial parent resides. Religion: This is usually only an issue if the parties are of different fundamental religions or materially distinct denominations and upbringing in a particular church or religion is of particular importance. Absent an agreement to the contrary, the party with the visitation or parenting time on a given Sunday will have the right to take the children to a church of his or her own choosing.

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Put the Best in Your Corner. Practice Areas. Domestic Law Basics in a Georgia Divorce. Custody and Parental Rights in a Georgia Divorce.

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Custody and Parental Rights in a Georgia Divorce Custody under Georgia law is discussed in terms of legal and physical custody. Physical custody — physical custody refers to parenting time. If the parties have equal parenting time, the spouse receiving the child support is deated as the "custodial parent" per O. The deation of "custodial parent" or "primary custodian" can have great ificance if the spouse so deated wishes to move out of state with the children after the divorce. Now. Submit a Law Firm Client Review. Justia Law Firm Website De. Can you afford this? YES NO.