In order to file for divorce in Georgia, at least one party must have been a resident of the state for the preceding six months. Georgia divorce law recognizes thirteen different grounds for divorce, including:
- Cruel treatment or violence
- Addiction to drugs
- Habitual intoxication
- Incurable mental illness
- Convicted of a crime of moral turpitude
- Pregnant by another man at the time of marriage
- Mental incapacity
- Impotence at the time of marriage
- Intermarriage between persons prohibited by law (incest)
- Pressured, forced or tricked into marriage
- An irretrievable breakdown of the marriage (no-fault divorce)
A Georgia divorce can be finalized as soon as 30 days after serving divorce papers on the other party, but the matter can take much longer EVEN IF the divorce is uncontested. When the divorce is contested, the entire process can take several months or even a year or more, depending on how much litigation is necessary.
Sometimes Biological Fathers will want to aquire rights in their children. Simply signing the birth certificate is not enough. There are additional steps that need to be made.
Under Georgia law, The biological father of a child born out of wedlock may render his relationship with the child legitimate by petitioning the superior court of the county of the residence of the child's mother or other party having legal custody or guardianship of the child; provided, however, that if the mother or other party having legal custody or guardianship of the child resides outside this state or cannot, after due diligence, be found within this state, the petition may be filed in the county of the biological father's residence or the county of the child's residence. If a petition for the adoption of the child is pending, the biological father shall file the petition for legitimation in the county in which the adoption petition is filed.
Fathers may also include claims for visitation, parenting time, or custody. The Court will use the best interest of the child standard to determine these matters.