If you’ve been wondering, “How long after divorce can you remarry in Georgia?”, the answer is straightforward. In Georgia, there is no mandated waiting period for remarriage after divorce.
This means that once your divorce is finalized, you are free to remarry at any time.
However, it’s important to understand that each divorce process is unique and may involve other considerations, such as separation period, potential remarriage to the same person, child-related issues, grounds for divorce, and property division.
Also, if you have an alimony provision that states your alimony will cease upon remarriage, keep that in mind as you move forward in your new relationship.
How Long Do You Have to be Separated Before Divorce in GA
Before filing for divorce in Georgia, there is no specific legal requirement for a separation period.
All Georgia requires is that you do not have marital relations (aka, sex) to be “separated”. You can still live in the same house, you just cannot have marital relations while the divorce is pending.
One of our attorneys here at Your Law Firm was in court one time and overheard a case where the judge threw out someone’s divorce because he discovered the parties were still having sex and otherwise living as married – they just wanted the divorce for some financial reason.
However, a requirement that is important is that one spouse must be a Georgia resident for at least six months before filing.
During the divorce process, couples may choose to live separately, but this is not a legal requirement enforced by the state. You just cannot have marital relations during your divorce – that’s “separation” for Georgia.
How Long After a Divorce Can You Remarry the Same Person
In Georgia, if you decide to remarry the same person you divorced, there is no waiting period.
You are free to remarry immediately after your divorce is finalized.
However, it is always wise to consider the reasons that led to your initial divorce before deciding to remarry.
And it’s important to consult with a lawyer to see how your remarriage to the same person will affect your court order from your divorce.
Divorce in GA with Child
When it comes to divorce involving children, Georgia law prioritizes the best interests of the child.
This includes decisions about child custody, visitation rights, and child support.
Both parents are expected to contribute to the child’s well-being financially, and the non-custodial parent is often required to pay child support.
13 Grounds for Divorce in GA
In Georgia, there are 13 legal grounds for divorce, including adultery, desertion, cruel treatment, and irreconcilable differences, among others.
Irreconcilable differences, also known as a “no-fault” ground, is the most commonly cited reason for divorce.
It simply means that the marriage is irretrievably broken with no hope of reconciliation.
This is the most common type of reason we at Your Law Firm cite in our client’s petitions for divorce.
It’s important to note that if you cite something like adultery or cruel treatment, you must have evidence to back it up – if you do not, your divorce could get thrown out, since there’s no basis or grounds to bring it.
For this reason, we always also include “irreconcilable differences” along with the other grounds as well, so the “no-fault” provision can kick in if needed.
Who Gets the House in a Divorce in Georgia
Property division during a divorce in Georgia follows the “equitable distribution” rule.
This does not necessarily mean a 50/50 split, but rather a fair or equitable division of marital property.
The court considers several factors such as the contribution of each spouse to the acquisition of the property, the duration of the marriage, and the future needs of each spouse – including who is the primary custodian of any minor children.
Therefore, who gets the house will depend on these and other considerations. There is no cut and dry answer in Georgia.
Understanding the legal aspects surrounding divorce and remarriage in Georgia is crucial.
While you are free to remarry at any time after your divorce is finalized, consider all the implications, especially when children, property division, and possible remarriage to the same person are involved.
Always consult with a local knowledgeable attorney to guide you through this process.
If you’re in the North Metro Atlanta area, give us a call at Your Law Firm – we’re happy to help.