How long do you have to live in Georgia to file for divorce?

Under O.C.G.A. § 19-5-2, the petitioner must have been a bona fide resident of Georgia for at least six months immediately before filing the divorce petition. This residency requirement is jurisdictional, meaning the court cannot grant the divorce if it is not satisfied.

What are the grounds for divorce in Georgia?

Georgia recognizes 13 statutory grounds for divorce under O.C.G.A. § 19-5-3, including both fault-based grounds (such as adultery, desertion, and cruel treatment) and the no-fault ground that the marriage is irretrievably broken. The no-fault ground is the most commonly used basis for divorce in the state.

How is property divided in a Georgia divorce?

Georgia is an equitable distribution state, meaning the court divides marital property fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse's financial circumstances, contributions to the marriage, and the conduct of the parties.

How long does a divorce take in Georgia?

Georgia requires a mandatory 30-day waiting period after service of process for no-fault divorces. An uncontested divorce can typically be finalized within two to three months, while contested cases may take six months to over a year depending on the issues involved.

How much does it cost to file for divorce in Georgia?

The filing fee for a divorce in Georgia generally ranges from $200 to $250, depending on the county. Additional costs may include service of process fees, attorney fees, and mediation expenses. Always verify the current filing fee with your local Superior Court clerk.

Can adultery affect alimony in Georgia?

Yes. Under O.C.G.A. § 19-6-1(b), a spouse who is found to have committed adultery may be barred from receiving alimony. However, this bar may not apply if the other spouse also committed adultery or condoned the behavior.

At what age can a child choose which parent to live with in Georgia?

In Georgia, a child aged 14 or older may elect the parent with whom they wish to live, though the court retains the authority to override that choice if it is not in the child's best interests. Children aged 11 to 13 may express a preference that the court will consider but is not bound to follow.

What is the difference between contested and uncontested divorce in Georgia?

An uncontested divorce occurs when both spouses agree on all issues, including property division, custody, support, and alimony, and can submit a settlement agreement to the court. A contested divorce involves disputes on one or more issues that require court intervention, discovery, and potentially a trial to resolve.

Divorce in Georgia: A Complete Guide

Introduction

Filing for divorce is one of the most significant legal decisions a person can make, and understanding the laws specific to your state is critical to protecting your rights and interests. Georgia divorce law provides a structured framework that addresses everything from the grounds on which you may file to how property is divided, how custody is determined, and whether spousal support may be awarded.

This comprehensive guide walks you through the key aspects of divorce in Georgia, including the statutory requirements, the filing process, and what you can expect in terms of timelines and costs. Whether you are considering an uncontested divorce or anticipate a more complex contested proceeding, this guide will help you understand the legal landscape so you can make informed decisions.

Note: This guide is for informational purposes only and reflects Georgia law as of early 2026. Divorce cases are highly fact-specific, and you should consult with a qualified Georgia family law attorney for advice tailored to your situation.

Grounds for Divorce in Georgia

Georgia recognizes 13 statutory grounds for total divorce under O.C.G.A. § 19-5-3. These grounds fall into two broad categories: fault-based and no-fault.

No-Fault Ground

The most commonly used ground for divorce in Georgia is the no-fault ground, which is based on the claim that the marriage is irretrievably broken. This means that the marital relationship has deteriorated to the point where there is no reasonable hope of reconciliation. Neither party is required to prove that the other spouse did something wrong. The no-fault ground streamlines the process and is the basis for most uncontested divorces in the state.

Fault-Based Grounds

Georgia also allows a spouse to file for divorce based on specific fault-based grounds. While the complete list includes 13 statutory grounds, some of the most frequently cited fault-based reasons include:

Adultery – One spouse engaged in an extramarital sexual relationship.
Desertion – One spouse willfully abandoned the other for at least one year.
Cruel treatment – One spouse subjected the other to physical or mental cruelty that reasonably justifies apprehension of danger to life, limb, or health.
Habitual intoxication – One spouse has a pattern of excessive alcohol or drug use.
Conviction of a crime – One spouse has been convicted of a crime of moral turpitude and sentenced to imprisonment for two years or more.
Mental incapacity at the time of marriage – The marriage was entered into when one party lacked the mental capacity to consent.
Force, duress, or fraud in obtaining the marriage – The marriage was procured through coercion or deception.

Choosing to file on fault-based grounds can have strategic implications. In some cases, proving fault may influence the court's decisions on alimony or property division. However, fault-based cases typically require more evidence and may result in a longer, more contentious proceeding. An experienced attorney can help you evaluate whether pursuing a fault-based ground is advantageous in your specific circumstances.

Residency Requirements

Before a Georgia court can grant a divorce, certain residency requirements must be met. Under O.C.G.A. § 19-5-2, the petitioner (the spouse who files the divorce action) must have been a bona fide resident of the state of Georgia for at least six months immediately preceding the filing of the divorce petition.

If the respondent (the other spouse) is a resident of Georgia, the divorce action is typically filed in the county where the respondent resides. If the respondent lives outside of Georgia, the petitioner may file in the county where they themselves reside. Meeting the residency requirement is jurisdictional — meaning that if it is not satisfied, the court does not have the legal authority to hear the case.

Property Division

Georgia is an equitable distribution state. Under O.C.G.A. § 19-5-13, the court has the authority to divide marital property in accordance with the principles of equity and fairness. It is important to understand that equitable does not necessarily mean equal — the court will consider a variety of factors to arrive at a distribution that is fair given the circumstances of the case.

Marital Property vs. Separate Property

Generally, only marital property is subject to division. Marital property includes assets and debts acquired during the marriage through the joint efforts of the spouses. Separate property — such as assets owned before the marriage, inheritances received by one spouse individually, or gifts made specifically to one spouse — is typically not subject to division, though it can become commingled with marital property under certain circumstances.

Factors the Court May Consider

While Georgia law does not provide an exhaustive statutory list of factors for property division, courts generally consider:

The length of the marriage
The financial condition and earning capacity of each spouse
The conduct of each party during the marriage (including any fault grounds)
Each spouse's contributions to the marital estate, including homemaking and child-rearing
The future needs of each party
Any dissipation or waste of marital assets

Because Georgia courts have broad discretion in dividing property, the outcome can vary significantly from case to case. Negotiating a property settlement agreement outside of court — particularly in uncontested cases — can give the parties more control over the outcome.

Child Custody

When minor children are involved, custody is often the most emotionally charged aspect of a Georgia divorce. Georgia courts determine custody based on the best interests of the child standard, which is the paramount consideration in every custody determination.

Types of Custody

Legal custody refers to the right and responsibility to make major decisions about the child's life, including education, healthcare, and religious upbringing. Legal custody can be awarded solely to one parent or jointly to both.
Physical custody refers to where the child primarily resides. One parent may be designated as the primary physical custodian, while the other receives parenting time (visitation).

Factors Considered

Georgia courts evaluate a wide range of factors when determining custody, including:

The emotional ties between the child and each parent
Each parent's ability to provide for the child's needs
The stability of each parent's home environment
The child's established community ties (school, friends, activities)
The mental and physical health of each parent
Any history of domestic violence, substance abuse, or criminal conduct
The child's own wishes (children aged 14 and older may elect the parent with whom they wish to live, subject to the court's approval; children aged 11-13 may express a preference that the court will consider)

Child Support

Georgia uses an income shares model for calculating child support, which considers the gross income of both parents along with various adjustments such as health insurance premiums, childcare costs, and extraordinary expenses. The Georgia Child Support Commission provides worksheets and guidelines to help calculate the appropriate amount.

Spousal Support (Alimony)

Spousal support, or alimony, is not automatically awarded in Georgia divorces. Under Georgia law, alimony may be granted when one spouse demonstrates a financial need and the other spouse has the ability to pay.

Types of Alimony

Temporary alimony may be awarded during the pendency of the divorce proceedings to maintain the financial status quo.
Permanent alimony may be awarded as part of the final divorce decree, though truly permanent alimony is relatively uncommon and is more likely in long-term marriages where one spouse has limited earning capacity.
Lump-sum alimony or periodic alimony may be structured depending on the circumstances.

Key Considerations

The court may consider the following factors when determining alimony:

The standard of living established during the marriage
The duration of the marriage
The age and health of each spouse
The financial resources and earning capacity of each spouse
The contributions of each spouse to the marriage (including homemaking)
The conduct of each party, including any marital fault

Notably, a spouse who is found to have committed adultery may be barred from receiving alimony under O.C.G.A. § 19-6-1(b), unless the other spouse also engaged in adultery or condoned the behavior.

Filing Process

The divorce process in Georgia generally follows these steps:

Step 1: Prepare the Petition

The process begins when one spouse (the petitioner) prepares and files a Complaint for Divorce with the Superior Court in the appropriate county. The complaint outlines the grounds for divorce and any requests regarding property division, custody, child support, and alimony.

Step 2: File with the Court

The petition is filed with the Clerk of the Superior Court, and the filing fee is paid. Filing fees in Georgia generally range from $200 to $250, though the exact amount varies by county. Always verify the current fee with your local clerk's office.

Step 3: Serve the Other Spouse

After filing, the respondent must be formally served with process — meaning they must receive official notice of the divorce action along with a copy of the complaint. Service can be accomplished through the county sheriff, a private process server, or by acknowledgment of service if the respondent cooperates.

Step 4: Response Period

The respondent has 30 days from the date of service to file an answer to the complaint. If the respondent fails to answer, the petitioner may seek a default judgment.

Step 5: Discovery and Negotiation

In contested cases, the parties may engage in discovery — the formal exchange of financial documents, interrogatories, and depositions. Many cases are resolved through negotiation, mediation, or settlement conferences without the need for a full trial.

Step 6: Trial or Settlement

If the parties reach an agreement on all issues, they may submit a settlement agreement to the court for approval. If they cannot agree, the case will proceed to a trial, where a judge will make the final determinations.

Step 7: Final Decree

Once all issues are resolved — either by agreement or by the court — the judge will issue a Final Judgment and Decree of Divorce, which officially ends the marriage.

Timeline and Costs

Waiting Period

Georgia imposes a mandatory 30-day waiting period after service of process before a divorce can be finalized on a no-fault ground. This means that even in the most straightforward uncontested case, at least 30 days must pass from the date the respondent is served before the court will grant the divorce.

Typical Timeline

Uncontested divorce: An uncontested case where both parties agree on all terms can often be resolved within two to three months from the date of filing.
Contested divorce: Contested cases involving disputes over property, custody, or support can take six months to over a year, depending on the complexity of the issues and the court's schedule.

Estimated Costs

Filing fee: $200–$250 (varies by county; verify with your local clerk as of February 2026)
Service of process: $25–$75 (sheriff or private process server)
Attorney fees: Vary widely depending on the complexity of the case. Uncontested divorces handled by an attorney may cost a few thousand dollars, while contested cases can cost significantly more.
Mediation fees: If mediation is used, costs are typically shared between the parties and can range from several hundred to several thousand dollars.

Legal Disclaimer

This guide is provided for general informational purposes only and does not constitute legal advice. The information contained herein reflects Georgia law as of early 2026 and may not account for recent legislative changes or local court rules. Divorce law is complex and highly fact-specific — the outcome of any case depends on the unique circumstances involved. You should consult with a licensed Georgia family law attorney before making any legal decisions regarding your divorce. No attorney-client relationship is formed by reading this guide.