Written by: Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Georgia Divorce Law
Answer Capsule: How long does divorce take in Georgia? The fastest divorce in Georgia can be finalized in as few as 31 days after service, thanks to the state's mandatory 30-day waiting period under O.C.G.A. § 19-5-3(13). Uncontested divorces typically take 45 to 90 days, while contested cases range from 6 months to over 3 years depending on complexity and cooperation.
Georgia Divorce Timeline: An Overview
Understanding the divorce timeline in Georgia starts with the state's core procedural requirements. Georgia law mandates that all divorce cases be filed in Superior Court, and the overall divorce duration depends on whether the case is uncontested (both parties agree on all terms) or contested (one or more issues remain in dispute).
Here is a general breakdown of how long divorce takes in Georgia based on the type of case:
- Uncontested divorce (cooperative spouse, signed acknowledgment): 31 to 60 days
- Uncontested divorce (standard service, no answer filed): 46 to 90 days
- Default divorce (service by publication): 61 days or more after first publication
- Contested divorce (moderate complexity): 6 months to 1 year
- Highly contested divorce (custody battles, high-net-worth assets): 1 to 3 years or longer
The 30-Day Mandatory Waiting Period
Georgia imposes a mandatory waiting period before any no-fault divorce can be granted. Under O.C.G.A. § 19-5-3(13), the court cannot grant a divorce on the ground that the marriage is irretrievably broken "until not less than 30 days from the date of service on the respondent." This 30-day waiting period is one of the shortest in the United States and functions as a cooling-off period, giving both parties an opportunity to reconsider reconciliation.
This waiting period applies specifically to no-fault divorces. The 30-day clock starts on the day the respondent is properly served with the divorce complaint or signs an Acknowledgment of Service. If both parties sign proper written consents, the earliest a hearing can occur is day 31. Without written consent, the earliest uncontested or default hearing for a personally served case is generally day 46.
It is important to note that the 30-day waiting period technically applies only to divorces filed on the no-fault ground of irretrievable breakdown. Divorces grounded on one of the other 12 statutory fault-based grounds (such as adultery or habitual intoxication) do not carry this statutory waiting period, though the case must still go through standard procedural steps.
Georgia Residency Requirements
Before you can file for divorce in Georgia, you must satisfy the state's residency requirements. Under O.C.G.A. § 19-5-2, no court shall grant a divorce to any person who has not been a bona fide resident of the state for at least six months before filing the petition. This requirement is jurisdictional, meaning the court cannot waive it.
Key residency rules include:
- The petitioner (the spouse filing) must have lived in Georgia for at least 6 continuous months immediately before filing.
- A nonresident may file a petition for divorce in the county of residence of the respondent, provided the respondent has been a resident of that county for at least 6 months.
- Military personnel who have resided on a U.S. army post or military reservation within Georgia for one year may file in any adjacent county.
- The divorce must be filed in Superior Court, as these courts have exclusive jurisdiction over divorce matters in Georgia.
If you recently relocated to Georgia and have not yet met the six-month residency threshold, you will need to wait before filing, which directly affects how long your divorce will take.
Where to File: Venue Rules
All Georgia divorce cases are filed in the Superior Court of the appropriate county. The general rule is to file in the county where the respondent (defendant) resides. If both parties live in Georgia, the case is filed in the respondent's county of residence. If the respondent has moved out of state but lived in a Georgia county within the last 6 months, venue may still lie in that county.
Many Georgia counties accept or require e-filing through the Odyssey eFileGA system, while some counties such as Cobb County use alternative platforms like PeachCourt. Always check your county clerk's website for specific e-filing requirements and accepted payment methods.
Grounds for Divorce in Georgia
Georgia recognizes 13 statutory grounds for total divorce under O.C.G.A. § 19-5-3. The most commonly used is the no-fault ground: that the marriage is irretrievably broken. This is the 13th ground listed in the statute and is the basis for the vast majority of both uncontested and contested divorce filings.
The 13 grounds are:
- Intermarriage by persons within prohibited degrees of consanguinity or affinity
- Mental incapacity at the time of marriage
- Impotency at the time of marriage
- Force, menace, duress, or fraud in obtaining the marriage
- Pregnancy of the wife by a man other than the husband at the time of marriage, unknown to the husband
- Adultery
- Willful and continued desertion for one year
- Conviction of an offense involving moral turpitude with a sentence of two or more years
- Habitual intoxication
- Cruel treatment
- Incurable mental illness
- Habitual drug addiction
- The marriage is irretrievably broken (no-fault)
Choosing fault-based grounds can affect the divorce timeline significantly. Proving fault requires additional evidence, testimony, and often more court time, whereas a no-fault filing streamlines the process.
Step-by-Step: The Georgia Divorce Process
Understanding each step in the process helps you estimate how long your divorce will take in Georgia.
Step 1: File the Complaint for Divorce
The process begins when one spouse (the petitioner) files a Complaint for Divorce with the Superior Court clerk in the appropriate county. Georgia provides statewide standardized forms published by the Judicial Council and Administrative Office of the Courts, including separate complaint versions for cases with and without minor children.
Required forms typically include:
- Complaint for Divorce
- Domestic Relations Financial Affidavit (DRFA)
- Parenting Plan (if minor children are involved)
- Child Support Worksheet (if child support is at issue)
All official forms are available as free downloads from the Georgia Courts website at georgiacourts.gov.
Step 2: Pay Filing Fees
Filing fees in Georgia vary by county. Most counties charge between $200 and $250 for the initial divorce filing. Some sources cite fees as high as $400 in certain counties when administrative surcharges are included. Process service costs an additional $50 to $100, depending on whether the county sheriff or a private process server is used.
As of February 2026, typical filing fee ranges include:
- Cobb County: approximately $218.50
- Most metro Atlanta counties: $215 to $230
- Statewide average: approximately $230
(As of February 2026. Verify with your local clerk of Superior Court before filing, as fees change periodically.)
For individuals facing financial hardship, Georgia courts may grant fee waivers. You must file an Affidavit of Indigence (Application to Proceed In Forma Pauperis) demonstrating your inability to pay.
Step 3: Serve the Respondent
After filing, you must properly serve your spouse with the divorce papers. Georgia requires proper service or a valid written Acknowledgment of Service; without it, the court lacks personal jurisdiction over the respondent.
Service options include:
- Personal service by a county sheriff, county process server, or licensed private process server
- Acknowledgment of Service, where a cooperative spouse signs a notarized acknowledgment consenting to jurisdiction and venue
- Service by publication, available only after a diligent search showing the respondent cannot be found or is avoiding service; publication runs four times in the county's legal organ within 60 days
Service typically takes a few days to a few weeks. A process server or sheriff can usually complete service within a week, but delays occur when a spouse is avoiding service or their location is unknown.
Step 4: Wait for the Response
Once served, the respondent has 30 days to file an Answer. If the respondent lives outside Georgia but within the United States, the response period is 60 days. If the respondent lives overseas, the period extends to 90 days.
If no Answer is filed and the respondent was personally served, the case can proceed in default after day 46. If service was by publication, a default judgment cannot be entered until at least 61 days after the first publication date.
Step 5: Discovery and Negotiation
In contested cases, both spouses are required to exchange financial information and other relevant documents through a process called discovery. This may include written interrogatories, requests for production of documents, and depositions. Discovery can take several weeks to several months, especially in high-net-worth cases involving hidden assets.
Step 6: Mediation
In many Georgia counties, the court will require mediation before scheduling a trial for contested divorces. Mediation involves a neutral third party who helps the spouses negotiate outstanding issues. While mediation can significantly reduce the divorce duration by avoiding a trial, scheduling mediation, preparing for it, and attending sessions adds time to the overall timeline.
Step 7: Temporary Orders
Because contested divorces can take a year or more, either spouse may request temporary orders addressing custody of children, child support, spousal support, and possession of joint property. Getting a hearing date for temporary orders can itself take weeks or months, particularly in busy jurisdictions like Fulton and Forsyth counties.
Step 8: Trial or Settlement
If mediation and negotiations fail, the court schedules a trial date. By the time a case reaches trial, the parties are typically at least six months to a year into the process. Under Georgia law, a divorce may be heard by a judge or by a jury. Each side presents arguments, and the court renders a decision on the divorce itself and on all related issues, including property division, custody, and support.
Step 9: Final Decree
For an uncontested divorce, once all paperwork is correctly submitted and the waiting period has elapsed, a judge may sign the final decree within a few weeks to a few months. The divorce is final on the day the decree is signed and filed at the courthouse.
Uncontested vs. Contested Divorce: How Each Affects Duration
The single greatest factor determining how long a divorce takes in Georgia is whether the case is uncontested or contested.
Uncontested Divorce Timeline
An uncontested divorce occurs when both spouses agree on all terms, including property division, child custody, child support, and alimony. The parties submit a settlement agreement and any required parenting plan to the court. The judge reviews the documents for fairness, and if everything is in order, the divorce can be finalized as quickly as 31 to 60 days from the date of service. Most uncontested no-fault divorces take approximately 45 to 60 days total.
Contested Divorce Timeline
In cases where the spouses disagree on key issues, the divorce duration lengthens significantly. A moderately contested case typically takes six months to a year. Highly contested divorces, particularly those involving custody disputes, complex assets, or business valuations, can take up to three years.
Property Division in Georgia
Georgia follows equitable distribution principles, meaning marital property is divided in a manner the court deems fair, but not necessarily equal. Under Georgia law, only marital property acquired during the marriage is subject to division. Separate property, such as assets obtained before the marriage, inherited property, or gifts from third parties, generally remains with the original owner.
The complexity of property division directly affects divorce duration. High-net-worth divorces often take longer because identifying, valuing, and dividing substantial and varied assets requires professional appraisals, forensic accountants, and additional court hearings.
Child Custody and the Parenting Plan
When minor children are involved, Georgia courts require a detailed parenting plan addressing physical custody, legal custody, visitation schedules, and decision-making responsibilities. The judge must ensure the parenting plan furthers the children's best interests under O.C.G.A. § 19-9-3.
Both parties in a divorce involving minor children are required to attend a divorcing parent seminar under Georgia Superior Court Rules. The seminar typically costs $30 to $50.
Custody disputes are among the primary reasons contested divorces take longer. If the court appoints a Guardian ad Litem (GAL) to evaluate the children's best interests, the evaluation adds weeks or months to the timeline.
Recent Law Changes: 2024-2026 Updates
Georgia Senate Bill 454 brought significant changes to child support calculations effective in phases through 2026. Key updates include:
- New Basic Child Support Obligation (BCSO) Table: Effective July 1, 2024, this updated table increased presumptive child support amounts across nearly all income levels and expanded the table to cover combined monthly incomes up to $40,000.
- Mandatory Parenting Time Adjustment: Effective January 1, 2026, courts must now factor actual parenting time into child support calculations. Previously, this adjustment was discretionary.
- Mandatory Low-Income Adjustment: Also effective January 1, 2026, this provision ensures that low-income parents receive standardized adjustments to child support obligations.
- Veterans Affairs Disability Credit: Starting January 1, 2026, VA disability benefits received for children are factored into support calculations.
These changes do not alter the fundamental divorce process or the 30-day waiting period but are important for anyone filing for divorce with minor children.
Filing Fees and Court Costs Summary
| Cost Item | Estimated Range |
|---|---|
| Filing fee (initial complaint) | $200 - $250 (varies by county) |
| Process service (sheriff) | $50 - $75 |
| Process service (private server) | $50 - $100 |
| Parenting seminar | $30 - $50 |
| Mediation | $500 - $2,000 |
| Certified copies | $2.50 - $5.00 per document |
(As of February 2026. Verify with your local clerk of Superior Court.)
Tips for the Fastest Divorce in Georgia
If you want to minimize how long your divorce takes in Georgia, consider the following strategies:
- Agree on all terms before filing. If you and your spouse can reach a full settlement on property, support, and custody before you file, you can pursue an uncontested divorce, which offers the fastest divorce timeline.
- Use Acknowledgment of Service. Having your spouse sign a notarized Acknowledgment of Service eliminates the delays associated with personal service or service by publication and can move the earliest hearing date to day 31.
- File in a county with manageable court backlogs. Court calendars in busy metro-Atlanta counties like Fulton can cause delays. While venue rules may limit your options, understanding the local court's scheduling can help you plan.
- Hire an experienced Georgia family law attorney. An attorney who regularly practices in your county's Superior Court understands local procedures, judicial expectations, and the most efficient path to resolution.
- Prepare complete financial disclosures early. Having your Domestic Relations Financial Affidavit and supporting documents ready avoids delays caused by incomplete filings.
- Consider mediation proactively. Voluntarily entering mediation before the court orders it can resolve disputes faster and reduce overall divorce duration.
Frequently Asked Questions
What is the minimum time to get a divorce in Georgia?
The absolute minimum time is 31 days from the date the respondent is served with the divorce complaint or signs an Acknowledgment of Service. This is based on the mandatory 30-day waiting period under O.C.G.A. § 19-5-3(13). In practice, most uncontested divorces take 45 to 90 days when you account for court processing times and judicial review.
Can the 30-day waiting period be waived?
The 30-day waiting period for no-fault divorces generally cannot be waived. However, it technically applies only to divorces filed on the no-fault ground of irretrievable breakdown (O.C.G.A. § 19-5-3(13)). Divorces filed on one of the 12 fault-based grounds are not subject to this specific statutory waiting period, though they typically take longer due to the evidentiary requirements of proving fault.
How long does a contested divorce take in Georgia?
A contested divorce in Georgia typically takes between 6 months and 1 year. Highly contested divorces involving complex custody disputes, significant assets, or uncooperative parties can extend to 2 or 3 years. The timeline depends on factors including court backlogs, discovery duration, mediation scheduling, and the availability of trial dates.
What is the residency requirement for filing a divorce in Georgia?
Under O.C.G.A. § 19-5-2, at least one spouse must have been a bona fide Georgia resident for at least 6 months before filing the petition for divorce. This is a jurisdictional requirement and cannot be waived. Military personnel residing on a U.S. army post or military reservation within Georgia must have been there for one year before filing.
How much does it cost to file for divorce in Georgia?
Filing fees typically range from $200 to $250 depending on the county. Additional costs include $50 to $100 for service of process, $30 to $50 for the mandatory parenting seminar (if children are involved), and potential mediation costs of $500 to $2,000. Attorney fees for an uncontested divorce commonly range from $800 to $1,800 in the metro Atlanta area, while contested cases can cost $15,000 or more. (As of February 2026. Verify with your local clerk.)
What happens if my spouse does not respond to the divorce complaint?
If the respondent fails to file an Answer within 30 days of being personally served, the case may proceed as a default divorce. The earliest default hearing is generally day 46 from service. If service was by publication, the court may enter a default judgment no earlier than 61 days after the first publication. In a default divorce, the court can grant the divorce but may be limited in what financial orders it can issue, particularly regarding alimony and property outside Georgia.
Is Georgia a 50/50 divorce state?
No. Georgia is an equitable distribution state, meaning the court divides marital property in a way it deems just and equitable, which is not necessarily a 50/50 split. The judge considers multiple factors, including each spouse's contributions to the marriage, economic circumstances, and the length of the marriage. Separate property obtained before the marriage, by inheritance, or as a gift is generally not subject to division.
Do I need a lawyer to get divorced in Georgia?
You are not legally required to hire an attorney to file for divorce in Georgia. However, legal representation is strongly recommended, especially in contested cases or divorces involving children, significant assets, or alimony claims. Errors in filings can delay the case or result in dismissal, and a poorly drafted settlement agreement can lead to costly future disputes.
Can I get a divorce if my spouse lives in another state?
Yes. As long as you meet Georgia's six-month residency requirement, you can file for divorce even if your spouse lives in another state. However, the court may have limited ability to issue orders regarding alimony, child support, and out-of-state property unless it can establish personal jurisdiction over the nonresident spouse through the Georgia Long Arm Statute (O.C.G.A. § 9-10-91).
What changed in Georgia divorce law in 2024-2026?
The most significant recent change is Georgia Senate Bill 454, which reformed child support calculations in phases. Effective July 1, 2024, a new Basic Child Support Obligation Table increased presumptive support amounts. Effective January 1, 2026, courts must apply a mandatory parenting time adjustment and a mandatory low-income adjustment to child support calculations. The fundamental divorce process, including the 30-day waiting period and 13 statutory grounds, has not changed.
Disclaimer: This guide provides general legal information about divorce in Georgia and is not a substitute for professional legal advice. Laws, court rules, filing fees, and procedures change over time. Always consult with a qualified Georgia family law attorney and verify current requirements with your local Superior Court clerk before taking legal action.