Navigating a divorce requires understanding state-specific procedures. In Georgia, laws govern residency, grounds for divorce, and financial and parental outcomes. This overview examines the legal requirements and stages of a divorce in the state.
Georgia’s Residency Rule for Divorce
Before a court can grant a divorce, one spouse must meet the state’s residency requirement. Georgia law requires that one party has been a resident of the state for at least six continuous months before filing the divorce petition.1Justia Law. Georgia Code § 19-5-2 (2024) – Residence requirements; venue
The divorce action is filed in the Superior Court of the county where the other spouse, the defendant, currently resides. If the defendant has moved out of Georgia, the petition can be filed in the county where the filing spouse, the plaintiff, lives.
Legal Grounds for Divorce in Georgia
Georgia law provides for both “no-fault” and “fault-based” grounds. The most common path is the no-fault ground, where a person asserts the marriage is “irretrievably broken,” meaning there is no reasonable chance of reconciliation. This option allows couples to dissolve their marriage without assigning blame.
Georgia also recognizes twelve fault-based grounds under O.C.G.A. § 19-5-3. These include adultery, desertion for one year, cruel treatment, habitual intoxication or drug addiction, and conviction of a crime involving moral turpitude that results in a prison sentence of two years or more.2Justia Law. Georgia Code § 19-5-3 (2024) – Grounds for total divorce Many divorces proceed on a no-fault basis to avoid the contentious process of proving fault in court.
Financial Outcomes Property Division and Alimony
Georgia courts divide marital property based on “equitable distribution,” meaning assets are divided fairly, which does not always result in an equal split. A distinction is made between marital property, which includes assets acquired during the marriage, and separate property, which consists of assets owned before the marriage or received by one spouse as a gift or inheritance. Factors influencing the division include each spouse’s financial contributions and the length of the marriage.
Alimony, or spousal support, may be awarded to provide financial assistance to a spouse. Courts analyze various factors listed in O.C.G.A. § 19-6-5, such as the requesting spouse’s needs, the other spouse’s ability to pay, the marriage’s duration, and the standard of living.3Justia Law. Georgia Code § 19-6-5 (2020) – Factors in Determining Amount of Alimony The conduct of the parties is also relevant, as a spouse who committed adultery that caused the separation may be barred from receiving alimony.4Justia Law. Georgia Code § 19-6-1 (2020) – Alimony Defined; When Authorized Alimony can be structured as temporary support, periodic payments, or a lump-sum payment.
Resolving Child Custody and Support
All decisions regarding children in a Georgia divorce are guided by the “best interests of the child” standard, as outlined in O.C.G.A. § 19-9-3.5Justia Law. Georgia Code § 19-9-3 (2024) – Establishment and review of child custody and visitation Courts determine both legal custody, the authority to make major decisions for the child, and physical custody, which designates where the child lives. To make this determination, judges consider factors like each parent’s ability to provide care, the emotional bonds with the child, and the child’s preference if they are of sufficient age and maturity. A detailed Parenting Plan outlining these arrangements must be submitted to the court.
Both parents are legally obligated to financially support their children. Georgia uses an “income shares model” to calculate child support based on the combined gross income of both parents and the number of children.6Justia Law. Georgia Code § 19-6-15 (2022) – Child Support Guidelines for Determining Amount of Award The total obligation is then divided between the parents in proportion to their respective incomes, with adjustments made for expenses like health insurance premiums and work-related childcare costs. Child support continues until a child turns 18, graduates high school (up to age 20), marries, or becomes emancipated.
Essential Information and Forms for Initiating Divorce
To initiate a divorce, you must gather specific personal and financial information, including:
- Full names, birthdates, and social security numbers for both spouses and any children
- The date and place of marriage and the date of separation
- A comprehensive list of all assets, such as bank accounts and real estate
- A list of all debts, like mortgages and loans, with supporting documents
- Income verification for both parties, such as recent pay stubs and tax returns
The initial filing requires several documents, which can be obtained from the Superior Court Clerk’s office or its website. These include:
- A Complaint for Divorce, which states the grounds and the relief being requested
- A Summons to notify the other spouse of the lawsuit
- A Verification of the information in the complaint
- A Domestic Relations Financial Affidavit listing your income, expenses, assets, and debts
- A Child Support Worksheet if minor children are involved
The Georgia Divorce Timeline After Filing
The formal process begins by filing the Complaint and other documents with the Superior Court Clerk and paying filing fees, which range from $200 to $220. The next step is “service of process,” where the filed documents are formally delivered to the other spouse. Per O.C.G.A. § 9-11-4, this can be done by the sheriff’s department, a private process server, or by having the spouse sign an Acknowledgment of Service.7Justia Law. Georgia Code § 9-11-4 (2024) – Process
After being served, the other spouse has 30 days to file a formal Answer and a possible Counterclaim.8Justia Law. Georgia Code § 9-11-12 (2024) – Answer, defenses, and objections Georgia law imposes a mandatory 30-day waiting period from the date of service before a final divorce decree can be issued, even if both parties agree on all terms. If the case is contested, the next stages may involve temporary hearings, a “discovery” phase for exchanging information, and mandatory mediation. The process concludes with either a settlement agreement or a trial, after which the judge issues a Final Judgment and Decree of Divorce.