Divorce in Georgia

How to file for divorce in Georgia

1. Check residency. 6 months of Georgia residency before filing (1 year for certain military personnel on Georgia posts).
2. Prepare and file the Complaint for Divorce with the Superior Court in your county. The filing fee is typically $200 to $225, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Contested cases require a Domestic Relations Financial Affidavit; in uncontested cases the spouses can simply state their agreement within the complaint.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. 30 days from the date the spouse is served, not the filing date. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months of Georgia residency before filing (1 year for certain military personnel on Georgia posts).

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: None formal; Georgia has no legal separation status, though a separate maintenance action offers similar relief.

How property is divided

Georgia uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Georgia uses the terms legal custody and physical custody. Every decision is made in the child's best interests.

Parenting class: By county or judge's discretion; both parents must complete a county-approved parenting seminar before finalization when there are minor children.

Child support: Georgia uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Alimony is entirely discretionary with no formula, and a spouse whose adultery or desertion caused the divorce is statutorily barred from receiving any alimony.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Georgia does not have a separate simplified procedure, but an uncontested divorce with a signed agreement is fast and inexpensive.

Legal separation: available in Georgia, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: 30 days from the date the spouse is served, not the filing date. A typical timeline is 31 to 60 days after service for uncontested cases; 12 to 24 months or more contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Georgia

• Georgia recognizes 13 total grounds for divorce: 1 no-fault ground (irretrievably broken) plus 12 fault-based grounds.
• Georgia calls its equivalent of legal separation a separate maintenance action, which lets spouses live apart under court orders while remaining married.
• Child support uses an income shares formula under O.C.G.A. 19-6-15, updated effective January 1, 2026 with new parenting-time and low-income adjustments.

Official resources

Official forms and instructions come from Georgia's courts. Sources we reviewed:

• georgiacourts.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.