Divorce involves going to court to have your marriage legally dissolved. Typically, you must file for divorce in a state where you or your spouse live. This means you can file for divorce in Georgia only if you meet the state’s residency requirements.
If you or your spouse live in the Peach State, check out this guide to how to file for divorce in Georgia to learn about the process involved in ending your union and your rights after your marriage is over.
Who Can File for Divorce in Georgia?
Before you can determine how to file for divorce in Georgia, you must make sure you are eligible to get a divorce in the state.
Georgia requires that either you or your spouse have been a state resident for at least six months prior to the time you petition the court to end your marriage.
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What Are the Grounds to File for Divorce in Georgia?
Georgia allows for both no-fault divorces and at fault divorces. If you file for a no-fault divorce, you petition the court to end your marriage because it is irretrievably broken. If you file for a fault divorce, you must have specific justification for ending the union.
Examples of reasons for a fault divorce in Georgia include:
- Prohibited intermarriage among close family members
- Mental incapacity at the time you were married
- Your spouse was impotent at the time of marriage
- Adultery occurred during the marriage
- A spouse became pregnant during the marriage by a person other than the other spouseYour spouse deserted you for at least one year and has continued to do so
- Habitual drunkenness or drug addiction
- Cruel treatment
- Your spouse is incurably mentally ill
In total, there are 12 grounds for a fault divorce in Georgia, each of which have specific requirements you must prove. A fault divorce can be more complicated so it is a good idea to talk with an experienced Georgia divorce lawyer before determining that you should opt for an at-fault divorce instead of a no-fault divorce.
How to File for Divorce in Georgia
In most circumstances, you need to file for divorce in Georgia in the county where your spouse lives. You can find the office of the Superior Court clerk for the appropriate county using an online map.
In some cases, you can file for divorce where you live. This is possible if:
- Your spouse does not reside in Georgia, but you still meet residency requirements
- You and your spouse lived together in the county where you currently live and where you are filing for divorce
You will need to submit specific court forms in order to file for divorce. You can find them on the Georgia Court website, This site includes instructions for filing for divorce in two different situations:
- Divorce without minor children
- Divorce with minor children
Serving Divorce Paperwork in Georgia
After you have filed a petition to end your marriage, Georgia divorce laws require that your spouse receive personal notification.
Typically, the papers must be hand-delivered to your spouse. A private process server or the sheriff’s office can hand-deliver the papers for a fee. If you do not know where your spouse is, you may also be able to provide notice through publication in a newspaper.
If your spouse is willing to cooperate, you can avoid the process of having notification delivered. You do this by having your spouse sign an Acknowledgement of Service and file it with the court.
If you cannot locate your spouse, you can provide service by publication with court permission. This involves publishing a notice in a newspaper.
Your spouse has 30 days to respond after being served with papers (or 60 days if they live outside of Georgia but still in the U.S.). If your spouse does not respond, the court can move forward with a default divorce and grant the requests you made in the divorce paperwork.
Contested or Uncontested Divorce
In Georgia, you have the option for a contested divorce or an uncontested divorce.
- An uncontested divorce does not require a trial. You and your spouse agree on the issues raised by the dissolution of your marriage, such as how custody and property will be divided and what child support and/or alimony (if any) will be paid.
- A contested divorce requires a trial. You and your spouse go to court and present evidence to help a judge determine unresolved issues involving custody, property and debt and alimony or child support
Ideally, you and your spouse will be able to opt for an uncontested divorce as this can be less expensive and often result in better outcomes. That’s because you and your spouse–and not the court–are making decisions that intimately affect your life in an uncontested divorce.
What Is the Waiting Period for a Georgia Divorce?
If you seek a no-fault divorce based on the marriage being irretrievably broken, the divorce cannot be granted until at least 30 days have passed from the date the papers were served. There is no waiting period for a grounds divorce.
Getting Legal Help With a Divorce in Georgia
Knowing the basics of how to file for divorce in Georgia can be helpful, but ultimately your best option is to get a lawyer to guide you through this process.
A lawyer with experience representing clients going through divorce in Georgia can help you every step of the way, protect your rights and ensure the end of your marriage goes as smoothly as possible.
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Frequently Asked Questions (FAQs)
How is marital property divided in a Georgia divorce?
Georgia is an equitable distribution state. In states that follow equitable distribution rules, the court aims to divide up marital property in a fair way. This doesn’t mean each spouse necessarily receives 50% of marital assets. Instead, the court decides what is appropriate by considering things like the contributions each spouse made to the marriage and the length of the marriage.
You and your spouse can also work together to come to an agreement on how you will divide property and debts acquired during the course of the marriage. If you can agree on this and other issues, you can move forward with an uncontested divorce in Georgia.
Can you get alimony in a Georgia divorce?
Alimony or spousal support is available in certain circumstances in a Georgia divorce. Alimony is either temporary (ordered for the time period in which the case is ongoing) or permanent.
Permanent alimony does not necessarily continue for life. Instead the court considers a variety of factors including the length of the marriage and the standard of living established during the marriage as well as what education or training the recipient spouse needs to become self-sufficient.
How long does a Georgia divorce take?
The length of time a Georgia divorce takes varies depending on many factors including whether the divorce is contested or uncontested. However, the minimum time period for a no-fault divorce is 31 days after the papers are served on your spouse. In most cases, the divorce process will take longer than this minimum time period.
