Divorce Law in Georgia
This page covers divorce law as it applies in Georgia — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what divorce protects generally, see the national overview.
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Quick answer
Georgia allows divorce when a marriage is "irretrievably broken" — no fault from either spouse is required. At least one spouse must have lived in Georgia for six months before filing, and the petition goes to the Superior Court in the appropriate county. The court cannot finalize a no-fault divorce until at least 30 days after the other spouse is served, so the fastest possible timeline is roughly five weeks from service to decree. Property, alimony, child custody, and child support must all be resolved before the divorce is final, and some response deadlines arrive quickly, so act without delay.
Laws that govern divorce in Georgia
Georgia state law
- Divorce — Grounds and ProcedureO.C.G.A. §§ 19-5-1 through 19-5-17
Sets out Georgia's 13 grounds for divorce, the six-month residency and venue requirements, and the procedures courts follow from filing through final judgment.
- Each Spouse's Property SeparateO.C.G.A. § 19-3-9
Establishes that the separate property of each spouse remains that spouse's own and is not subject to equitable division upon divorce.
- Alimony — Definition and FactorsO.C.G.A. §§ 19-6-1 and 19-6-5
Defines alimony as an allowance from one party's estate for the other's support and lists the eight factors courts weigh when setting the amount, including the bar on alimony for a spouse who committed adultery or desertion.
- Child Support GuidelinesO.C.G.A. § 19-6-15
Establishes Georgia's income-shares model and the schedule courts use to calculate each parent's child support obligation.
- Child Custody and VisitationO.C.G.A. § 19-9-3
Governs custody determinations using the best-interests-of-the-child standard and includes the provision allowing children 14 and older to express a custodial preference.
Georgia-specific deadlines for divorce cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Residency requirement before filing: 6 months
At least one spouse must have been a bona fide Georgia resident for six months immediately before the petition is filed. Residency means domicile — true, permanent home — not merely temporary presence in the state.
O.C.G.A. § 19-5-2
- Mandatory waiting period before court can finalize a no-fault divorce: 30 days minimum
For the no-fault ground that the marriage is irretrievably broken, the court may not grant the divorce until at least 30 days have passed from the date the respondent spouse is served. This is a minimum floor; most divorces, especially contested ones, take considerably longer.
O.C.G.A. § 19-5-3(13)
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for divorce in Georgia.
A division of the Georgia Department of Human Services that helps parents establish, enforce, and modify child support orders after divorce.
- Georgia Legal Services Programlegal aid
Provides free civil legal help, including family law and divorce representation, to eligible low-income Georgians in the 154 counties outside metropolitan Atlanta.
- State Bar of Georgia — Find a Lawyerbar referral
The official public directory of the State Bar of Georgia for locating licensed Georgia attorneys, including those who handle divorce and family law matters.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Georgia
- 1
Confirm you meet Georgia's six-month residency requirement
You or your spouse must have been a bona fide Georgia resident for at least six months before filing for divorce under O.C.G.A. § 19-5-2.
- 2
Choose your grounds for divorce
Georgia recognizes 13 grounds for divorce under O.C.G.A. § 19-5-3. The most common is the no-fault ground that the marriage is "irretrievably broken," which does not require proving wrongdoing by either spouse.
- 3
File a Complaint for Divorce with the Clerk of Superior Court
Submit the required forms and pay the filing fee at the Clerk of Superior Court in the county where residency is established. Self-help forms are available through the Georgia Courts website.
- 4
Have your spouse formally served with the divorce papers
The other spouse must receive a copy of the complaint and a summons through legal service of process. For a no-fault divorce, the 30-day mandatory waiting period begins on the date of service.
- 5
Reach a settlement agreement or attend hearings on contested issues
Property division, alimony, child custody, and child support must be resolved by a written agreement between the spouses or by a judge's order after a hearing.
- 6
Obtain the Final Judgment and Decree of Divorce
Once the waiting period has passed and all issues are resolved, a judge signs the Final Judgment and Decree of Divorce, which legally ends the marriage.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about divorce in Georgia
Does Georgia require both spouses to agree to get divorced?
No. Either spouse may file for divorce on their own. If the other spouse does not respond or does not contest the case, the court can still grant the divorce. When both spouses agree on all terms, the process tends to be faster and less expensive.
How is marital property divided in a Georgia divorce?
Georgia is an equitable-distribution state. Marital property — assets and debts generally acquired during the marriage — is divided in a way the court finds fair, which is not necessarily an equal 50/50 split. Separate property, such as assets owned before the marriage or received as a gift or inheritance during the marriage, generally stays with the spouse who holds it under O.C.G.A. § 19-3-9.
Can I receive alimony (spousal support) after a Georgia divorce?
Alimony is not automatic. Under O.C.G.A. §§ 19-6-1 and 19-6-5, a court may award it when one spouse needs support and the other has the ability to pay, weighing factors such as the length of the marriage, each spouse's income and earning capacity, the marital standard of living, and each party's contributions to the household. A spouse found to have committed adultery or to have willfully deserted the marriage may be barred from receiving alimony.
How does Georgia calculate child support?
Georgia uses an income-shares model under O.C.G.A. § 19-6-15, combining both parents' gross incomes and applying a state schedule to find a basic child support obligation. The court may adjust that figure for costs such as health insurance and work-related childcare. The Georgia Child Support Commission provides an official online calculator at csconlinecalc.georgiacourts.gov.
How does a Georgia court decide who gets custody of the children?
Custody is decided based on the best interests of the child. Under O.C.G.A. § 19-9-3, the court considers each parent's relationship with the child, ability to provide a stable home, and other relevant factors. A child who is 14 years of age or older may express a preference about which parent to live with, and the court will generally honor that preference unless doing so would not be in the child's best interests.
Does Georgia recognize legal separation?
Georgia does not have a formal legal-separation status — you are either married or divorced. Spouses who want to live apart may enter a private separation agreement covering finances and parenting, or one spouse may file for a separate maintenance action, which is a court order for support that does not dissolve the marriage.
Can I change my name as part of the divorce?
Yes. You may ask the court to restore your former legal surname as part of the divorce proceedings under O.C.G.A. § 19-5-16. If the court grants it, the Final Judgment and Decree of Divorce will include the name change order, which you can use to update your driver's license, Social Security card, and other identification documents.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.