Divorce Checklist for Georgia

Under O.C.G.A. § 19-5-2, at least one spouse must have been a bona fide resident of Georgia for a minimum of six consecutive months immediately preceding the filing of a divorce complaint. Bona fide residence means domicile — you must demonstrate both physical presence in Georgia and the intent to remain permanently. If you moved to Georgia recently, you must wait until you complete the full six-month residency period before the Superior Court has subject matter jurisdiction over your divorce. Gather proof of Georgia residency such as a valid Georgia driver's license, voter registration card, utility bills, lease or mortgage documents, and employment records showing your Georgia address. Military service members stationed at a U.S. army post within Georgia must have resided there for at least one year under O.C.G.A. § 19-5-2. A nonresident spouse may file in the county where the respondent has lived for six months.

All Georgia divorces must be filed in the Superior Court, which has exclusive jurisdiction over divorce, alimony, and child custody matters under O.C.G.A. § 19-5-2. Venue is proper in the county where the respondent (defendant spouse) resides. If the respondent has moved out of state but lived in a Georgia county within the prior six months, you may still file in that county. If both spouses live in the same county, file there. Contact the Clerk of Superior Court in the proper county to confirm local filing requirements, as procedures and supplemental forms vary by county. Georgia has 159 counties, each with its own Superior Court clerk's office. Some counties require e-filing through the Odyssey eFileGA system at efile.gsccca.org, while others accept paper filings. Confirm which filing method your county requires before preparing your documents to avoid delays.

Before filing your divorce complaint, compile all personal identification documents and financial records you will need throughout the process. Georgia's Uniform Superior Court Rule 24.2 requires both parties to complete a Domestic Relations Financial Affidavit (DRFA) disclosing all income, expenses, assets, and debts. Having these records organized before filing saves significant time. Collect your certified marriage certificate, birth certificates for any minor children, at least three years of federal and state tax returns, recent pay stubs, bank statements for all accounts, retirement and investment account statements, real estate deeds and mortgage statements, vehicle titles, credit card statements, and insurance policies. If children are involved, gather school records and medical records. Under Georgia law, both separate property (acquired before marriage or by gift or inheritance) and marital property must be disclosed.

Georgia recognizes 13 grounds for total divorce under O.C.G.A. § 19-5-3. The most commonly used ground is the no-fault basis that the marriage is irretrievably broken, codified at O.C.G.A. § 19-5-3(13). Using the no-fault ground triggers a mandatory 30-day waiting period from the date of service on the respondent before the court can grant the divorce. Fault-based grounds include adultery, desertion for one year, conviction of a crime of moral turpitude with a sentence of two or more years, habitual intoxication, cruel treatment, incurable mental illness, habitual drug addiction, and the marriage being void at its inception. Choosing a fault-based ground requires you to prove the specific allegation with evidence, which can complicate and lengthen proceedings. Most Georgia divorces proceed on the no-fault irretrievably broken ground, which simplifies the process significantly.

If domestic violence is a factor in your divorce, prioritize your safety before filing. Georgia's Family Violence Act, codified at O.C.G.A. § 19-13-1 et seq., provides protections including Temporary Protective Orders (TPOs) that can be obtained from the Superior Court on an emergency basis without advance notice to the abuser. A TPO can grant you temporary custody of children, exclusive possession of the marital residence, and prohibit contact from the abusive spouse. Contact the Georgia Coalition Against Domestic Violence (GCADV) at 1-800-334-2836 or visit gcadv.org for immediate assistance. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. Develop a safety plan that includes securing important documents, establishing a safe location, and having an exit strategy. Filing for a TPO is free in Georgia and can be done before or simultaneously with filing for divorce.

Prepare the Complaint for Divorce using the standardized forms approved by the Council of Superior Court Judges and published by the Administrative Office of the Courts. Georgia provides two versions: the Complaint for Divorce Without Minor Children and the Complaint for Divorce With Minor Children, both available for free download at georgiacourts.gov/a2j/self-help-resources/family-law/divorce-forms/. The complaint must state the grounds for divorce under O.C.G.A. § 19-5-3, identify the parties and any minor children, establish residency and venue, and specify the relief you are requesting — including property division, alimony, child custody, and child support. Sign the complaint in the presence of a notary public. File the original with the Clerk of Superior Court in the proper county along with the filing fee of $213.00 (fees vary slightly by county). Complete the Domestic Relations Case Filing Information Form required by most counties.

If minor children are involved, Georgia law requires you to file a proposed Parenting Plan under O.C.G.A. § 19-9-1. The Parenting Plan must address legal custody (decision-making authority for education, health care, extracurricular activities, and religion), physical custody (the residential schedule), holiday and vacation schedules, communication between the non-custodial parent and children, and procedures for resolving future disputes about custody issues. You must also complete the Georgia Child Support Worksheet, which uses Georgia's income shares model under O.C.G.A. § 19-6-15 to calculate support based on both parents' gross incomes and the number of children. The worksheet requires accurate income information for both parents, work-related child care costs, health insurance premiums for the children, and any extraordinary educational or medical expenses. The official Child Support Calculator is available through the Georgia Child Support Commission at georgiacourts.gov.

Georgia Uniform Superior Court Rule 24.2 requires both parties in a contested divorce to complete and file a Domestic Relations Financial Affidavit (DRFA). This sworn financial disclosure document covers five sections: general information (party names, marriage date, separation date, children), monthly income from all sources (employment, pensions, rental income, bonuses, disability, dividends, interest — including unreported cash income), monthly expenses (housing, utilities, groceries, transportation, medical), assets (real estate, bank accounts, stocks, bonds, vehicles, retirement accounts, business interests — both marital and separate property), and debts and liabilities (student loans, credit cards, mortgages, tax obligations). The DRFA must be filed with the court and served on your spouse at least 15 days before any temporary hearing and at least 10 days before any mediation session. Attach two current pay stubs. Complete all fields using N/A where not applicable — do not leave blanks.

If you and your spouse agree on all terms of the divorce — including property division, alimony, child custody, child support, and debt allocation — you can file an uncontested divorce, which is significantly faster and less expensive. Prepare a comprehensive Settlement Agreement that addresses the division of all marital property and debts, any award of alimony (amount, duration, and conditions for termination), the Parenting Plan for minor children, child support per the Georgia Child Support Worksheet, responsibility for marital debts, and disposition of the marital home. Both parties must sign the Settlement Agreement in the presence of a notary public. The agreement will be incorporated into the Final Judgment and Decree of Divorce but survives as an independently enforceable contract. Georgia law also requires a Consent to Trial in 31 Days form if the respondent agrees to waive the standard waiting period between service and trial.

After filing, you must have the Complaint for Divorce and Summons formally served on your spouse under O.C.G.A. § 9-11-4. Georgia law provides several methods of service. Personal service by the county sheriff or a court-appointed private process server is the most common method — the server physically delivers the documents to the respondent. Alternatively, if the divorce is amicable, the respondent may sign an Acknowledgment of Service form in the presence of a notary, confirming receipt and waiving formal service. If the respondent cannot be located after due diligence, the court may authorize service by publication under O.C.G.A. § 9-11-4(f), which requires publication four times within 60 days in the county's legal organ newspaper, with publications at least 7 days apart. The server must file proof of service with the court. The 30-day waiting period under O.C.G.A. § 19-5-3(13) begins on the date of service.

Under O.C.G.A. § 9-11-12(a), the respondent has 30 days from the date of service to file an Answer to the Complaint for Divorce with the court. The Answer may admit or deny the allegations in the complaint and may include counterclaims seeking different relief than what the petitioner requested. If the respondent fails to file an Answer within 30 days, they may lose the right to receive notices about hearings and other case events, though Georgia's public policy favoring the continuation of marriage means a default judgment for divorce is not automatically entered. The respondent retains the right to file defensive pleadings, including counterclaims, at any time before the entry of final judgment. If the respondent files an Answer, the divorce becomes contested and will proceed through discovery, mediation, and potentially trial. If no Answer is filed after 46 days from service, the court may proceed to grant the divorce.

In contested Georgia divorces, both parties engage in formal discovery to gather information and evidence. Under O.C.G.A. §§ 9-11-26 through 9-11-37, discovery methods include written interrogatories (limited to 50 questions including subparts under O.C.G.A. § 9-11-33), requests for production of documents (no limit on number under O.C.G.A. § 9-11-34), requests for admissions under O.C.G.A. § 9-11-36, and depositions upon oral examination. The standard deadline to respond to all written discovery requests is 30 days from the date on the Certificate of Service. If discovery is served simultaneously with the complaint, the response deadline extends to 45 days. Common discovery in divorce cases includes requests for pay stubs, tax returns, bank statements, credit card statements, retirement account records, real estate appraisals, and business valuations. Failure to respond to discovery within the deadline can result in court-ordered sanctions under O.C.G.A. § 9-11-37.

Under Georgia Uniform Superior Court Rule 24.8, both parents in a divorce involving minor children must attend a court-approved parenting seminar before the court will enter a final order. The seminar focuses on the developmental needs of children, the emotional effects of divorce on minors, and strategies for healthy co-parenting. Most Georgia counties — including Fulton, DeKalb, Gwinnett, Cobb, Clayton, Cherokee, and Forsyth — have mandatory parenting seminar programs. The seminar typically lasts four to six hours depending on the county. Both parties must attend, but they are not required to attend together and may complete the course at different times. The deadline to complete the seminar is typically within 30 days of the court's standing order, though specific deadlines vary by county. Some counties accept approved online parenting courses while others require in-person attendance.

Under O.C.G.A. § 19-5-1(b), judges in counties with Alternative Dispute Resolution (ADR) programs may refer contested divorce cases to mediation before trial. Many Georgia counties have local standing orders that effectively make mediation mandatory in contested domestic cases. For example, Clayton County requires parties to schedule mediation within 31 days after the defendant is served and complete mediation within 45 to 55 days. During mediation, a neutral third-party mediator helps both spouses negotiate a settlement on contested issues including property division, alimony, child custody, and child support. You are not required to reach an agreement in mediation — all court-ordered ADR processes remain non-binding. However, settlements reached through mediation are enforceable once signed by both parties and approved by the court. Each party typically pays their share of the mediator's fee. Fulton County charges $115 per party for the first three-hour session through its ADR office.

If immediate court intervention is needed for issues that cannot wait until the final hearing, either party may file a motion for temporary orders. Georgia courts can issue temporary orders addressing temporary child custody and visitation, temporary child support, temporary alimony (also called pendente lite alimony), exclusive possession of the marital home, payment of marital debts during the divorce, and restraining orders prohibiting dissipation of marital assets. Temporary orders remain in effect until the court enters a final decree or modifies the temporary order. To obtain temporary relief, file a motion with the court and schedule a hearing — your DRFA must be filed at least 15 days before the hearing under Uniform Superior Court Rule 24.2. The court considers factors including each party's financial needs and ability to pay, the standard of living during the marriage, and the best interests of any minor children. Temporary orders hearings are typically held within 30 to 60 days of the motion.

Once all issues are resolved — either by settlement agreement or after trial — the court schedules a final hearing. In uncontested cases where the respondent signed a Consent to Trial in 31 Days, the final hearing can occur as soon as 31 days after service per O.C.G.A. § 19-5-3(13). Without consent, the earliest possible date is 46 days after service. At the final hearing, the petitioner (or both parties in an uncontested case) presents testimony confirming jurisdiction, residency, grounds for divorce, and the terms of any settlement agreement. The judge reviews the proposed Final Judgment and Decree of Divorce, the Settlement Agreement, the Parenting Plan, and the Child Support Worksheet for compliance with Georgia law. If everything is in order, the judge signs the Final Judgment and Decree, officially dissolving the marriage. The divorce is effective immediately upon entry of the decree — Georgia imposes no waiting period before remarriage under O.C.G.A. § 19-5-17.