Divorce
The Divorce process is one of the most difficult and emotional things that a person will ever go through. It is important for a person who faces a divorce to be well informed and well educated about the process and laws. The Sauls Law Firm likes to help its clients learn and understand the process it takes to get a divorce. With this being said, I have taken the time to gather information on some frequently asked questions and concerns new clients have when they consult with me.
GROUNDS FOR DIVORCE
The State of Georgia requires a petitioner to state the grounds for Divorce, and there are thirteen (13) grounds a divorce can be granted in Georgia:
(1) Intermarriage by persons within the prohibited degrees of consanguinity or affinity
(2) Mental incapacity at the time of the marriage
(3) Impotency at the time of the marriage
(4) Force, menace, duress, or fraud in obtaining the marriage
(5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband
(6) Adultery in either of the parties after marriage
(7) Willful and continued desertion by either of the parties for the term of one year
(8) 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
(9) Habitual intoxication
(10) Cruel 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
(11) Incurable mental illness. 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
(12) Habitual drug addiction, which shall consist of addiction to any controlled substance, and
(13) The marriage is irretrievably broken. 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.
TRANSFERING MARITAL FUNDS
Many people who seek a DIVORCE in Georgia have concerns about the transfer of money out of a joint account into the personal account of the respondent. I like to refer to this as the vindictive spouse, and in Georgia there are laws that protect plaintiffs from this sort of thing. After a petition for divorce has been filed, there can be no transfer of property by either party except when there is the need to pay ordinary household bills.
RESTORATION OF MAIDEN NAME
After a Divorce a woman may ask for and receive a court order returning their maiden name. However, many women choose to keep their married name especially if they have children from the marriage, and this to is allowed by the court. The State of Georgia requires the petitioner to request there maiden name back before the court will restore the maiden name.
PROPERTY DIVISION IN GEORGIA
Property settlements in a Divorce are done based on equitable distributions. The State of Georgia allows for property to be divided by a settlement agreement between the parties seeking the Divorce. However, in some cases the court must decide how property is divided, and in these cases the judge splits both the assets of the marriage as well as the debts of the marriage. When the court steps in, it tries to draw the imaginary line right down the middle, and it takes into account the income and needs of both parties.
I hope this material helps you a little bit in the decision making process, and I would encourage you to give my office a call if you have other questions about this process. I would be glad to meet and discuss your case with you, and help you deal with any concerns you may have.