Official Code of Georgia Title 19 - Domestic Relations

At least one spouse must have been a bona fide resident of Georgia for at least 6 months before filing for divorce. Military personnel stationed at a Georgia post or reservation for one year may file in any adjacent county. The divorce must be filed in the Superior Court of the county where the defendant resides, or where the plaintiff resides if the defendant has left the state.

Effective: 2024

Georgia recognizes 13 grounds for divorce, including both fault and no-fault. The no-fault ground is that the marriage is 'irretrievably broken' — no wrongdoing must be proven. Fault-based grounds include adultery, willful desertion for one year, conviction of a crime of moral turpitude with a sentence of 2+ years, cruel treatment (physical or mental), habitual intoxication, mental incapacity for 3+ years, habitual drug addiction, and pregnancy of the wife by another man at the time of marriage unknown to the husband.

Effective: 2024

The most commonly used ground for divorce in Georgia. Either spouse can file by stating the marriage is irretrievably broken. The court cannot grant a divorce on this ground until at least 30 days after the respondent is served — this is Georgia's mandatory waiting period. No evidence of fault is required.

Effective: 2024

Georgia follows equitable distribution, meaning marital property is divided fairly but not necessarily equally. The court or jury has broad discretion to award property of one spouse to the other based on what is equitable under the circumstances. There is no fixed formula — the judge considers the totality of the parties' financial situation. Both marital assets and marital debts are subject to equitable division.

Effective: 2024

Property brought into the marriage by one spouse remains that spouse's separate property and is not subject to equitable division. Property acquired during the marriage by gift, inheritance, bequest, or devise also remains separate. However, interspousal gifts of property acquired during the marriage are subject to equitable division. If separate property is commingled with marital property or titled jointly, it may lose its separate status.

Effective: 2024

Neither party shall be placed under any disability to remarry after a divorce is granted. Once the judge signs the final divorce decree, both parties are immediately free to remarry with no waiting period or restrictions. This provision has been in effect since 1979.

Effective: 2024

In all custody cases, each parent must prepare a parenting plan (or the parties may submit one jointly). The final order must incorporate a permanent parenting plan. The plan must specify where the child will spend each day, how holidays and vacations are divided, transportation arrangements, decision-making authority for education, health, religion, and extracurricular activities, and provisions for parent-child contact when the child is with the other parent.

Effective: 2024

The judge must determine custody based solely on the best interest and welfare of the child. There is no presumption favoring either parent, and no presumption in favor of any particular form of custody (sole, joint legal, joint physical). The court may award sole custody, joint custody, joint legal custody, or joint physical custody as appropriate.

Effective: 2024

The court considers any relevant factor including: love, affection, and emotional ties between parent and child; each parent's capacity to give love, guidance, and continue education; each parent's knowledge of the child's needs; ability to provide food, clothing, medical care, and basic necessities; home environment promoting safety and nurturance; each parent's mental and physical health; stability of each home; willingness to foster the parent-child relationship with the other parent; and any evidence of substance abuse.

Effective: 2024

When the court finds family violence has occurred, the safety and well-being of the child and the victim parent become the primary considerations. The court considers the perpetrator's history of causing physical harm or reasonable fear of harm. The judge may order supervised visitation. If a parent is absent or relocates because of domestic violence by the other parent, that absence is not considered abandonment for custody purposes.

Effective: 2024

A child aged 14 or older has the right to select which parent to live with, and that selection is presumptive unless the chosen parent is not in the child's best interest. This selection may constitute a material change of circumstance for modification purposes, but can only be made once every two years. For children aged 11-13, the judge considers the child's preference but it is not controlling, and the judge has broad discretion in how to weigh it.

Effective: 2024

A military parent's deployment or potential future deployments cannot be the sole factor supporting a change in custody. The court cannot issue a final order changing the pre-deployment parenting plan until at least 90 days after the service member returns. There is a presumption favoring the pre-deployment custody arrangement. The deployed parent may testify by electronic means, and the nondeploying parent must facilitate contact between the child and deployed parent.

Effective: 2024

Alimony is an allowance from one spouse's estate for the support of the other when living separately. It can be temporary or permanent. Alimony is authorized but not required — the court considers the needs of the requesting party and the other party's ability to pay. A spouse whose adultery or desertion caused the separation is barred from receiving alimony. The court must receive evidence of what caused the separation in all alimony cases.

Effective: 2024

Georgia has no formula for alimony. The court considers 8 factors: (1) the standard of living during the marriage, (2) the duration of the marriage, (3) the age and physical/emotional condition of both parties, (4) the financial resources of each party, (5) time needed for education or training to find employment, (6) each party's contribution to the marriage including homemaking and career building, (7) the condition of the parties including earning capacity and debts, and (8) any other equitable factors. Alimony terminates automatically upon the recipient's remarriage.

Effective: 2024

Georgia uses the Income Shares Model to calculate child support. Both parents' adjusted gross monthly incomes are combined and applied to a state obligation table to determine the basic child support obligation. That amount is split proportionally based on each parent's share of the combined income, then adjusted for health insurance, childcare costs, and parenting time. The guidelines create a rebuttable presumption — the court can deviate for reasons including high or low income, special needs, or extraordinary expenses, but must state findings in writing.

Effective: 2024

Permanent alimony can be modified based on a change in the income or financial status of either former spouse. Georgia's 'live-in lover' law also allows modification when the recipient spouse voluntarily cohabits 'continuously and openly in a meretricious relationship' with a third party, regardless of that person's sex. Unlike remarriage, cohabitation does not automatically terminate alimony — the court decides whether to reduce or end payments. If the petitioner loses on the cohabitation claim, they must pay the other side's attorney's fees.

Effective: 2024

A parent cannot petition to modify child support unless there is a substantial change in either parent's income, financial status, or the child's needs. An involuntary loss of income of 25% or more (job loss, health crisis, incarceration) may qualify, and the lost-income portion of support does not accrue from the date of filing for modification. If a parent fails to produce reliable income evidence, the court may increase that parent's income by at least 10% per year since the last order.

Effective: 2024

Total divorces are authorized in Georgia and tried in Superior Court. The court may refer any contested divorce case to alternative dispute resolution — typically mediation — especially in counties with established ADR programs. Even in counties without formal programs, the judge may refer cases if mediation is reasonably available. Parties are never required to reach an agreement in mediation, but must participate if ordered.

Effective: 2024

When divorce is filed on the no-fault ground of irretrievably broken marriage, the court cannot grant the divorce until at least 30 days after the respondent is served. This is the minimum timeline — an uncontested case may be finalized as soon as 31 days after service. If the respondent does not answer, a default judgment may be entered after 46 days from service. If service is by publication, the earliest judgment is 61 days from first publication.

Effective: 2024

In divorces where the respondent does not contest, the judge must determine that the asserted grounds are legal and supported by proof, or appoint an attorney to do so. An evidentiary hearing is authorized but not required — the court may decide based on verified pleadings, affidavits, or other procedures at its discretion. This makes Georgia's uncontested divorce process relatively streamlined for parties who agree on all terms.

Effective: 2024

The court may grant temporary alimony, child support, and attorney's fees to either party while the divorce is pending. Temporary orders maintain the financial status quo and provide for the parties' and children's needs during the divorce process. The court can also issue temporary restraining orders to prevent either party from making substantial changes to marital assets outside the ordinary course of business.

Effective: 2024

The court may award attorney's fees to either party in a divorce action based on the financial circumstances of the parties. The purpose is to ensure both sides have the ability to adequately litigate the case. The judge considers each party's financial resources and needs when deciding whether to award fees and in what amount.

Effective: 2024

Georgia's Family Violence Act defines family violence as felonies or offenses like battery, assault, stalking, or criminal trespass between current or former spouses, parents of the same child, or household members. Victims can petition the Superior Court for a protective order at no cost. The court can order the abuser to stay away, grant exclusive possession of the home, award temporary custody, and order support. Orders last up to 1 year and can be extended to 3 years or made permanent.

Effective: 2024

Prenuptial agreements must be in writing, signed by both parties, and witnessed by at least two witnesses including a notary public. They are liberally construed to carry out the parties' intent. A court may set aside an agreement if one party failed to make full and fair financial disclosure, or if the agreement was signed under duress or fraud. For agreements addressing alimony (made 'in contemplation of divorce'), courts apply the three-part Scherer test rather than the standard attestation requirements.

Effective: 2024

A party may request restoration of a maiden or prior name in their divorce pleadings, and the divorce decree will specify the restored name. As of a 2024 amendment, a party who did not request a name change during the divorce may now file a simple motion in the original divorce case at any time — no publication required, no new case needed. The court may grant the restoration with or without a hearing. This significantly streamlined a process that previously required filing a separate petition.

Effective: 2024

Upon entry of any child support or spousal support order, the court enters a separate income deduction order directing the obligor's employer to withhold support from wages. This is automatic — it does not require a finding of delinquency. The income deduction order takes effect immediately unless both parties agree otherwise and the court approves. This is Georgia's primary enforcement mechanism for support obligations.

Effective: 2024

Georgia can suspend or deny professional, occupational, recreational, and driver's licenses when a parent falls behind on child support. This applies to hunting and fishing licenses, professional licenses, and driver's licenses. The noncompliant parent receives notice and an opportunity for a hearing before suspension. Reinstatement requires becoming current on payments or entering a payment plan approved by the court or child support agency.

Effective: 2024