You can file for a no fault divorce in Atlanta for irreconcilable differences. To obtain a “no-fault” divorce, one spouse must simply state that they believe that the marriage is over, or “irretrievably broken down.” Most divorces in the state of Georgia are no-fault divorces. If, however, you wish to divorce for other reasons you can allege that the other spouse caused the breakdown of the marriage due to adultery, desertion, mental incapacity at the time the marriage took place, impotency at the time of marriage, force or fraud in obtaining the marriage, conviction and imprisonment for some crimes, mental or physical abuse, habitual intoxication or drug addiction, and mental illness.
You can file for divorce in Atlanta as from the date of separation and you may be considered separated for the purposes of divorce even though you live in the same house. This is as in the state of Georgia you are legally separated if you are no longer engaging in marital relations and you consider yourself to be separated.
In order to file for divorce you go to the Superior Court in Atlanta and file a document called the “complaint” or “petition.” This will have information about where you both live and details of the children, marital assets and debts. It will also say why you want a divorce. A copy of this will then be personally delivered to your spouse who has 30 days to file a written answer.
If you and your spouse can reach an agreement on all of the issues, the divorce is said to be “uncontested,” and may be granted 31 days after everything is filed.
However, if you disagree and it goes to trial the divorce can take months or even years. If you take your disagreements to trial, the divorce won’t be final for months or even years.
