Divorce and Family Court Disputes in Georgia: Legal Insights

Divorce and family court disputes are quite common and significant issues in Georgia. In this article, an attorney answers some essential questions about divorce procedures and related matters.

Divorce Statistics in Georgia (2024-2025)

Unfortunately, it is challenging to pinpoint the exact number of marriages and divorces in Georgia for 2024 and 2025. However, the National Statistics Office of Georgia reported that between January and June 2023, 19,431 live births were registered, while 21,944 deaths occurred in the same period, according to sources such as Ambebi.ge, BPN, 1TV, Kvirispalitra, Commersant, and Interpressnews.

Question: What Should We Know About Divorce?

Divorce is a legal procedure that terminates a marriage registered between spouses. It is important to note that divorce can only be processed after a marriage is officially registered.

There are two main ways to handle divorce in Georgia:

1. Mutual Divorce Application: The spouses can jointly apply to the Public Service Hall for divorce, and the process is relatively straightforward, resulting in a quick registration of the divorce.

2. Contested Divorce: If the divorce involves disputes, the matter must be taken to court.

How Does a Divorce Proceed in Court?

If a divorce is contested, the party seeking the divorce (the plaintiff) must complete a special court form and submit the petition to the court. The court will process the petition within 5 days and inform the other party (the defendant) whether the petition has been registered. The defendant will be notified by the plaintiff.

Along with the divorce request, the court can also determine the obligation of alimony for any children involved.

Determining Alimony in Divorce Cases:

When alimony is requested, the court considers the financial situation of both parties, including their material resources. This involves assessing whether the parents can provide a stable residence for their children, whether they have permanent jobs and independent income, and whether they are able to meet the essential needs of their minor children.

The judge will issue a reasoned decision based on the explanations of the parties, the evidence provided, and, most importantly, the best interests of the minor child.

According to current judicial practice, the minimum alimony amount is set at no less than 200 GEL, which is typically assigned to the father if he fails to pay alimony. The court decision is sent to the National Bureau of Enforcement, where the amount is deducted from the father's salary according to the court's decision.

Requesting Alimony for the Last 3 Years:

In addition to ongoing alimony, you can request the payment of past due alimony for the last 3 years, supported by appropriate documentation and evidence. To claim alimony from the previous 3 years, you must prove that the spouses did not live together and did not engage in shared household activities during that period. Moreover, the father must have shown no interest in the child's well-being during these 3 years.

For example, if the father has a fixed salary of 3,000 GEL and the parties have lived separately for the past 3 years, you can demonstrate that you repeatedly requested alimony and involvement in raising the child, but the father ignored your requests. In such a case, you can request alimony arrears for the past 3 years, such as 1,000 GEL per month.

In such situations, you can also request a seizure of the father's bank accounts or real estate to ensure that the assets cannot be sold or used during the court dispute. This would allow you to claim a total of 36,000 GEL in overdue alimony, based on 1,000 GEL per month over three years.

Conclusion:

Divorce and alimony cases are complex, and every situation depends on various factors, such as financial conditions, evidence, and the specific needs of the children. If you have similar questions or need legal assistance, please do not hesitate to contact us. Our experienced attorneys can guide you through the process and ensure your rights are protected.

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