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One spouse must have stayed in Georgia for 6 months or GA must have been the last domicile of the marriage. Spouses should be considered separated in a legal sense before one can file for a divorce. Spouses can be considered separated even if they are residing in the same house if they are not sharing the same room and/or do not engage in a sexual relationship. If the spouses agree, the divorce is considered uncontested. An uncontested divorce may be granted 31 days after the Defendant has been served with the Divorce Petition. If there is disagreement as to any matter, the divorce will be granted when the case reaches the courtroom, which can take many months.
Spouses may be able to reach an agreement resolving all issues arising from the marriage, like finances, division of property, and child custody and visitation of children. The agreement is submitted to the Court as a Marital Settlement Agreement and, upon approval, made an order of the Court. The Courts order, called a Final Judgment and Decree, ends the lawsuit. Whereas if, the parties cannot reach an agreement, the issues will be resolved by the Judge or the jury. Whereas, a judge always decides matters of custody and visitation.
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