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Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the respondent.

In Georgia, to obtain a no-fault divorce on the grounds that the marriage is irretrievably broken, one party must simply establish that he or she refuses to live with his or her spouse and that there is no hope of reconciliation.

Of course, the 14 year old (or older) child's election is a rebuttable presumption. Irretrievably broken is similar to the term "irreconcilable differences" that many other states use for a no-fault divorce, but importantly, they are not the same and a divorce in Georgia cannot be granted using the "irreconcilable differences" phrase. It states: The following grounds shall be sufficient to authorize the granting of a total divorce: (Intermarriage by persons within the prohibited degrees of consanguinity or affinity; (Mental incapacity at the time of the marriage; (Impotency at the time of the marriage; (Force, menace, duress, or fraud in obtaining the marriage; (Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband; (Adultery in either of the parties after marriage; (Willful and continued desertion by either of the parties for the term of one year; (The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer; (Habitual intoxication; (1Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health; (1Incurable mental illness.

Child support is calculated under the Georgia Child support guidelines. Other than the ground that the marriage is irretrievably broken, the 12 grounds for a Georgia divorce are known as fault grounds. No divorce shall be granted upon this ground unless the mentally ill party has been adjudged mentally ill by a court of competent jurisdiction or has been certified to be mentally ill by two physicians who have personally examined the party; and he has been confined in an institution for the mentally ill or has been under continuous treatment for mental illness for a period of at least two years immediately preceding the commencement of the action; and the superintendent or other chief executive officer of the institution and one competent physician appointed by the court, after a thorough examination, make a certified statement under oath that it is their opinion that the party evidences such a want of reason, memory, and intelligence as to prevent the party from comprehending the nature, duties, and consequences of the marriage relationship and that, in the light of present day medical knowledge, recovery of the party's mental health cannot be expected at any time during his life.

The state of Georgia determines custody based on the best interests of the child standard.

You just have to be living in a bona fide state of separation.

Imagine a situation where you and your spouse have resolved all issues regarding your divorce.

You have separated your assets, dealt with the house and decided the custody arrangement of your children.

Before a court will grant a divorce, every issue pertaining to the spouse's marriage needs to be resolved and the conduct of the parties during this process can greatly shorten or lengthen the divorce process.

Once again, this answer depends on the circumstances of the party.


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