Marietta Divorce Lawyers

Marietta sits in Cobb County, and every divorce filed by a Marietta resident goes through the Cobb County Superior Court at 70 Haynes Street, a few blocks from the Marietta Square. This page explains where you file, what it costs, how long it takes, and when hiring a Marietta divorce lawyer makes sense versus handling an uncontested case yourself.

Key Facts: Filing for Divorce in Marietta, Georgia

How do I file for divorce in Marietta, Georgia?

To file for divorce in Marietta, you submit a Petition for Divorce to the Cobb County Superior Court Clerk through Georgia's PeachCourt e-filing system and pay the roughly $220 court fee. At least one spouse must have lived in Georgia for six months. After filing, you must serve your spouse, who then has 30 days to respond before the case proceeds.

The process starts with the petition, which states your grounds for divorce. Most Marietta filers use the no-fault ground under O.C.G.A. § 19-5-3, claiming the marriage is irretrievably broken, which requires no proof of wrongdoing. After the Cobb County clerk stamps your case, you serve your spouse through the Cobb County Sheriff (about $50) or by an Acknowledgment of Service if your spouse cooperates. Cases involving minor children also require both parents to complete Cobb County's four-hour online Co-Parenting Seminar before the court will finalize the divorce.

Where do I file for divorce in Marietta? (which courthouse)

Marietta residents file at the Cobb County Superior Court, located in the Cobb County Justice Center at 70 Haynes Street, Marietta, GA 30090. The Superior Court Clerk's office sits on the ground level and is open Monday through Friday, 8:30 a.m. to 5:00 p.m. The clerk's phone is (770) 528-1300. Since January 1, 2019, attorneys must e-file new cases electronically.

The courthouse is in downtown Marietta, just blocks from the Square, so it serves residents across Marietta neighborhoods including East Cobb, West Cobb, and the surrounding areas of Kennesaw, Smyrna, and Acworth that fall within Cobb County. Metered street parking and several parking decks are within walking distance. For mailed filings, the address is Cobb Superior Court Clerk, Attn: File-room, P.O. Box 3370, Marietta, GA 30061. The Superior Court has exclusive jurisdiction over all divorce cases in Cobb County, so no other Marietta-area court handles these matters.

How much does a divorce lawyer cost in Marietta?

A Marietta divorce lawyer typically charges $250 to $450 per hour, with most attorneys requiring a retainer of $2,500 to $5,000 for a contested case. Uncontested divorces with a flat fee often run $1,000 to $2,500 plus the ~$220 court filing fee. Contested divorces involving custody disputes or significant assets can exceed $10,000 to $20,000 depending on hours billed.

The single biggest cost driver is whether your case is contested. An uncontested divorce, where both spouses agree on property, support, and parenting, moves quickly and stays affordable. A contested divorce with disputes over the marital home, retirement accounts, or custody requires depositions, discovery, and possibly trial, multiplying the cost. Beyond attorney fees, budget for the $220 court fee, roughly $50 for sheriff's service, and $24 for a certified copy of the final decree from the Cobb County clerk. A fee waiver through a Pauper's Affidavit is available for filers who cannot afford the court costs.

How long does a divorce take in Marietta?

An uncontested divorce in Marietta typically finalizes in 31 to 60 days, the minimum being the 31-day waiting period after your spouse is served. Contested divorces in Cobb County usually take 8 to 18 months because of discovery, mediation, and crowded court calendars. Cases with custody disputes or complex assets often run longer than a year before reaching a final hearing.

Georgia law sets the floor: under the irretrievably broken ground, no court can grant a divorce until at least 31 days after service on the responding spouse. For cooperative couples who sign a settlement agreement up front, that 31-day window is often the only real delay. Contested cases stretch out because each step, from answering the petition to completing financial discovery, exchanging documents, attending mediation, and waiting for a trial date, adds weeks or months on the Cobb County Superior Court docket.

What are the residency requirements to file in Cobb County?

To file for divorce in Cobb County, at least one spouse must have been a bona fide resident of Georgia for six months immediately before filing, under O.C.G.A. § 19-5-2. Venue is proper in Cobb County when the responding spouse lives there. A nonresident can file in Cobb County if the defendant spouse has lived in the county for at least six months.

Residency here means domicile, your true and permanent home with intent to remain, not just physical presence. If your spouse has moved out of Georgia, you generally file in the Georgia county where you live, which for Marietta residents is Cobb County. Military members stationed at a Georgia installation for one year may file in any adjacent county. Getting venue right matters: filing in the wrong court can cause delays or dismissal, so confirm which county applies before submitting your petition.

How is property divided in a Marietta divorce?

Georgia, including Marietta, is an equitable distribution state, meaning a Cobb County judge divides marital property fairly but not necessarily 50/50. Only marital property acquired during the marriage is divided; separate property owned before marriage or received by gift or inheritance generally stays with the original owner. Judges weigh each spouse's contributions, the marriage length, and sometimes fault such as adultery.

Georgia's equitable distribution framework comes largely from case law, most notably Stokes v. Stokes (1981), rather than a single statute, with related provisions in O.C.G.A. § 19-5-13. Retirement accounts like 401(k)s and pensions are marital property to the extent they grew during the marriage, and a Qualified Domestic Relations Order (QDRO) is used to divide them. Commingling separate funds with marital assets can convert separate property into divisible marital property, so documentation of pre-marriage assets is important in any Cobb County case.

How does child custody work in a Marietta divorce?

Cobb County judges decide custody using the best-interest-of-the-child standard under O.C.G.A. § 19-9-3, with no presumption favoring either parent. A child 14 or older may select which parent to live with, subject to the judge's approval, while preferences of children aged 11 to 13 are considered but not binding. A judge, not a jury, decides custody.

Georgia is gender-neutral on custody, and judges may grant sole, joint legal, or joint physical custody as the child's welfare requires. The statute lists seventeen example factors, including each parent's bond with the child, capacity to provide guidance, and the child's ties to siblings. When family violence is found, the judge must prioritize the safety of the child and the abused parent. Both parents in a Marietta case with minor children must finish Cobb County's online Co-Parenting Seminar before the divorce is finalized.