How to File for Divorce in Georgia

Filing for divorce can be an emotionally and financially grueling process, and in some cases can take months if not years to successfully navigate. If you understand how the process works, though, you can make the proceedings smoother and quicker for everyone.

Georgia divorce laws

Divorce laws differ from state to state, and Georgia has its own quirks for the process of ending a marital relationship. State laws require individuals filing for divorce be able to prove their residency within the state and articulate the grounds on which they are seeking the divorce.

Residency requirements

In order to file for divorce in the state of Georgia, certain residency requirements must be met. According to the Georgia Code, one or both partners must have lived within the state continuously for at least six months prior to filing.

Either partner can file for divorce in Georgia, even if only one partner establishes residency. In cases where spouses live in different states, they will need to determine in which state they would prefer to file.

Grounds for divorce in Georgia

A petition for divorce in Georgia will always fall into one of two categories: at-fault or no-fault. Georgia is one of many states which make this distinction, and how you file will likely affect how long the process takes and what evidence is necessary, if any. The grounds for filing can also have an impact on how the divorce is settled, including custody agreements and financial matters tied to the dissolution of the marriage.

In an at-fault divorce, one party must provide evidence that the other party has acted in a way that has irreparably harmed the relationship. Georgia law outlines 12 reasons for which a person may file an at-fault divorce.

The most common reasons for at-fault divorce include the following:

• Mental incapacity
• Impotence
• Adultery (cheating)
• Habitual substance use
• Cruelty and violence
• Conviction of certain criminal offenses
• Desertion or abandonment

The filing party must provide proof of one of these forms of misconduct.

The Georgia Code also sets limits when both parties are at fault. An at-fault divorce will not be granted in cases where both partners engaged in the alleged offending behavior, or in cases where the behavior was explicitly allowed.

A no-fault divorce is often simpler, as it does not involve assembling proof of wrongdoing or bringing a case against a former spouse. Georgia allows no-fault divorces in instances where one or both partners feels the marriage has become “irretrievably broken.” 

Georgia requires a minimum 30-day waiting period from the date the divorce complaint is filed before it can be made official. Despite this waiting period, a no-fault divorce is often quicker and easier than an at-fault motion. Consider the circumstances of your relationship and whether or not assigning fault could help you settle contentious issues such as child custody or alimony.

How to file for divorce in GA in 8 steps

If you meet the residency requirements and have determined the grounds for your divorce, it’s time to start the proceedings. No two divorces are exactly alike, although there are some basic steps you’ll want to follow no matter what your circumstances might be. 

Step 1: Consult a divorce attorney

Hiring an attorney to help you navigate a divorce isn’t a legal requirement in Georgia, but it can give you peace of mind. A qualified attorney can help with every step of the divorce process, inform you about your rights, advocate for your interests, and stay on top of important deadlines and paperwork. 

If you need assistance finding an attorney, our marriage and divorce lawyer database includes listings for legal experts in all 50 states who can help you navigate the entire process, from first petition to final judgment.

Step 2: Prepare divorce papers

The first official step of the process is preparing a petition for divorce and the accompanying documentation for things like child custody and financial compensation. This petition can be either contested (the parties disagree on one or more terms of the divorce) or uncontested (the parties agree on all terms of the divorce).

In cases where child custody must be determined as part of the divorce, a petition for child custody must also be filed. This petition clarifies who will have physical and legal custody of any children shared by the divorcing parties and how that custody will be shared, if at all.

Later in the process, you will likely need to prepare some form of financial disclosure. It’s a good idea to start early and get an accurate picture of your finances, as this can take some time. Depending on your circumstances, this could be a simple inventory of assets and liabilities, or specific financial disclosures relating to potential child support and alimony payments.

Step 3: File the petition

Once you have your paperwork in order—ideally in concert with a divorce lawyer or family law attorney—it’s time to file with the court system. You’ll need to submit your petition and required paperwork to the Clerk of Court at your local Georgia Superior Court covering the county in which you or the other party maintains residence to officially begin the divorce filing. 

Step 4: Serve divorce papers

In order to confirm the respondent has received notice of your divorce filing, it may be necessary to formally serve your spouse with the petition for divorce. In the case of a contested divorce, this can be done either through your county sheriff’s office or a private process server. In either case, the server will confirm the respondent’s identity and provide them with an official notice of the filing.

In uncontested divorces, this step can be skipped over by having the respondent fill out a notarized Acknowledgement of Service form, which provides a record of their receipt of the divorce paperwork. Proof of service must be filed with the court.

Step 5: Financial disclosure

In order to determine what sorts of alimony and child support payments are appropriate, the state of Georgia requires both divorcing parties complete a Domestic Relations Financial Affidavit form. This form creates a comprehensive picture of each party’s financial assets and obligations, cataloging all forms of income and existing assets as well as outstanding financial obligations, debts and liabilities for both the responding party and any children they might have.

Step 6: Spouse response

When you file a petition for divorce in Georgia, the respondent typically has 30 days to respond to the claims made in the petition. The other party is expected to respond by either confirming the claims made in the divorce filing or by disputing some or all of the claims filed against them.

Failure to respond to a divorce petition in the time allotted is typically regarded as implicit acceptance of the terms of the divorce, and will usually result in the court approving the filing party’s requests. A lack of response to the service of a petition will not delay or prevent divorce proceedings in the state of Georgia.

Step 7: Negotiate and settle

In many cases, the details of a divorce are worked out through mediation and settlement proceedings before it’s necessary to go before a judge. This approach is often more affordable and less contentious for both parties, providing a venue for important decisions to be made collectively and in mutually beneficial ways despite the underlying causes of the divorce, whatever they may be.

In certain Georgia counties, mediation or other forms of Alternative Dispute Resolution are a legally mandated part of the divorce process. In other counties, a judge may decide to require it based on your specific circumstances, such as claims made in the petition and the contentiousness of certain terms.

Step 8: Court hearing and final judgment

The mediation process is typically very effective, but there are still instances in which a divorce must go to trial before it is finalized. This usually involves a hearing before a judge, although one or both parties can request a jury to review certain elements of the petition like alimony payments and division of shared assets.

The judge will ultimately make a ruling on the case and issue a court order on any remaining financial or parental matters.

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

Filing for divorce can be costly. Depending on the reasons for the divorce and the nature of the relationship between the parties at the time of filing, the costs associated with a divorce can range from a few hundred dollars to well over $10,000.

There are several factors that determine how much a divorce will cost. For starters, filing fees in Georgia cost around $200, and court fees usually range from $100 to $500. In cases where these expenses would represent an undue burden on the parties filing for divorce, a request can be filed to waive these expenses in order to allow the divorce to proceed.

Divorce attorneys typically charge by the hour, and depending on the complexity of the case a lawyer might spend many hours reviewing all the pertinent information to ensure the best outcome for their client. Divorce attorney fees in Georgia are typically somewhere between $200 and $600.

In cases where mediation is required by the county, mediation services are usually provided free of charge. Private mediation services will charge by the hour, although the hourly rate is typically much lower than an attorney’s—most mediators charge between $100 and $400 an hour. 

Property division in GA

The division of property is often one of the most contentious parts of the divorce process, and is usually one of the more time-consuming parts of mediation. Many couples choose to divide property and assets privately through mediation, but in cases where a compromise can’t be reached, Georgia has a system known as equitable distribution.

Some states treat marital property as community property, meaning any assets collectively acquired by the couple during the marriage are viewed as owned in equal parts by both parties regardless of their financial contributions to the acquisition. In equitable distribution states like Georgia, however, a judge will assess each party’s contributions to the partnership and assign some percentage of ownership based on this assessment.

This division only pertains to property acquired jointly while the parties are legally married. Separate property, either owned before the marriage or received as a gift or inheritance, is not divided unless agreed upon during the mediation process.

Alimony in GA

Alimony is a form of financial spousal support mandated as a part of some divorces, specifically in cases where one spouse needs monetary assistance from their former partner to sustain themselves after the divorce.

Alimony can be either temporary or permanent, although permanent alimony is typically reserved for cases where the recipient has outstanding needs based on age or chronic illness. Temporary alimony is usually awarded to a spouse who needs assistance adjusting to life following the dissolution of their marriage.

How much alimony is awarded and who will receive it is based on a number of factors, including the following:

• Length of the marriage
• Each party’s financial resources
• Each party’s respective contributions to the marriage

In cases of an at-fault divorce filing, the behavior leading to the divorce could also play a role in how much alimony is awarded and to whom.

If you are seeking alimony as part of your divorce, it’s important to make the request at the time of filing. Alimony can’t be awarded after a divorce is finalized. Outlining your needs and making your request from the outset can save both parties time and money during the divorce process.

Child custody and support in GA

Child support and custody is another potentially contentious element of a divorce settlement agreement, and couples with children will need to determine what the financial, legal, and physical guardianship of their children will look like before a divorce can be made final.

Custody of a child following a divorce consists of two different types of guardianship: physical custody and legal custody. While these types of custody can be split many different ways, the Judicial Council of Georgia says it’s most common for one parent to receive primary physical custody of a child while the other parent receives visitation rights. Legal custody, or the ability to make legal decisions for the child and view things like medical records and education history, is usually split equally between parents.

Custody decisions are ultimately up to a judge’s determination of what will best serve the child, although the state of Georgia allows children aged 14 or over to have input on physical custody decisions that will affect them. The decision of the child is typically honored unless a judge determines that extenuating circumstances put the child’s best interest at odds with their preference.

In many cases, child support payments will also be required from one party following a divorce. These payments are based on factors like total income and assets, fault in the divorce, and other financial obligations. The Judicial Council of Georgia offers a child support payment calculator to get a rough estimate of the amount of support that will be requested.

FAQs

How long does a divorce take in Georgia?

The length of divorce proceedings depends largely on how contentious the divorce is and the complexity of the financial and parental negotiations involved. An uncontested divorce with relatively few assets and no children can take little more than a month, while a contested divorce following a lengthy marriage with children and considerable marital assets could turn into a years-long process.

Can I get a DIY divorce in Georgia?

As with any legal proceedings, you are always able to represent yourself throughout the process if you so choose. Because of the complexity of many divorce petitions and the high stakes involved, it’s generally inadvisable to go it alone. A qualified divorce attorney can make the process faster and smoother, and in many cases they can help you avoid serious financial pitfalls and issues dealing with child custody.

What’s the difference between a contested and uncontested divorce?

An uncontested divorce is one in which both parties agree to the terms of the divorce. In the state of Georgia, couples seeking an uncontested divorce are required to wait 30 days after filing before the divorce can be finalized, but then the request can be granted without mediation or further court proceedings.

A contested divorce, on the other hand, is one in which the terms are not agreed upon by both parties, leading to further negotiations, mediation, and/or court hearings. These types of divorces are typically longer and costlier than uncontested proceedings.

How do I find a divorce mediator in Georgia?

In counties in which mediation is required by law, a mediator will usually be assigned to you if you do not find a private mediator on your own. 

If it is not required by your county of residence, you can still ask for assistance with locating a mediator through your court clerk’s office. Many clerks’ offices have a list of mediators in the area who have worked in the county and understand how your local ordinances might affect the outcome of your divorce. You can also check with your divorce attorney, who can help you identify an appropriate mediator.