Divorce in Georgia: How It Works, Step by Step (2026 Guide)

Georgia divorces are filed in the superior court, usually in the county where the other spouse lives. Most are granted on the no-fault ground that the marriage is "irretrievably broken," but Georgia keeps fault grounds and several unusual rules: a spouse whose adultery or desertion caused the separation can be barred from alimony, a jury can decide property and alimony, and a child of 14 can choose which parent to live with.

This guide walks through the whole process. Each topic links to a deeper page, and every statute it cites links to the full, verified text of that section in Title 19 of the Georgia Code, the domestic relations title. The procedure comes from the Civil Practice Act and the Uniform Superior Court Rules.

Georgia divorce at a glance

Who can file for divorce in Georgia

The rule is in O.C.G.A. § 19-5-2:

No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce

The same section lets a nonresident file in the county where the other spouse lives, if that spouse has lived in Georgia and in that county for six months before filing, and gives a special rule for residents of a military post. The official complaint form asks you to state which basis applies (its wording for your own residence is "more than six months"). You usually file in the county where your spouse lives; the complaint form lists the other options, such as your own county if your spouse moved away recently, your spouse's consent through an acknowledgment of service, or special rules when your spouse lives out of state or can't be found.

Grounds

O.C.G.A. § 19-5-3 lists thirteen grounds. The last, that the marriage is irretrievably broken, is Georgia's no-fault ground and the one nearly everyone uses. The others include adultery, desertion for at least a year, cruel treatment, habitual intoxication or drug addiction, conviction of certain crimes, and mental incapacity at the time of marriage. Fault grounds rarely change the outcome on property, but adultery or desertion that caused the separation can bar alimony.

Step by step

1. File the complaint

Fill out the statewide Complaint for Divorce (with or without minor children), have it verified before a notary, and file it with the Clerk of Superior Court with the filing fee or an affidavit of indigence. See forms and cost.

2. Serve your spouse, or get an acknowledgment

The sheriff serves the papers ($50 in most large counties), or your spouse signs an acknowledgment of service before a notary or other attesting officer (Uniform Superior Court Rule 24.3).

3. Check for a standing order

Some counties issue an automatic domestic standing order when a divorce is filed. Fulton County's, for example, restricts selling or hiding assets, cutting off utilities, changing insurance, and taking the children out of Georgia. There's no statewide automatic order.

4. The answer

A served spouse has 30 days to answer (O.C.G.A. § 9-11-12). Georgia doesn't grant divorces by default: if your spouse doesn't answer, you can have a final hearing 46 days after service, but you still prove your case.

5. Financial disclosure

In a contested case, each spouse serves a sworn Domestic Relations Financial Affidavit at least five days before any hearing on support, alimony, property or fees (Uniform Superior Court Rule 24.2).

6. Parenting plan, seminar and mediation

With children, each parent submits a parenting plan, and many counties require a parenting seminar and mediation.

7. Settle, or try the case

Most cases settle in a written agreement. If not, the judge, or a jury if one is requested, decides property and alimony; the judge alone decides custody. Under Uniform Superior Court Rule 24.7, no decree is granted until every contestable issue is resolved.

8. The final decree

The judge signs the Final Judgment and Decree of Divorce. With an acknowledgment and both spouses' written consent, this can happen as soon as 31 days after service (how long a Georgia divorce takes).

Money and children: how Georgia decides

Property. Marital property, meaning assets acquired through the spouses' labor and investment during the marriage, is divided equitably; property brought into the marriage stays separate. Georgia uses the date of the final decree, not separation, as the end of the marital period. See property division.

Alimony. No formula; the court or jury weighs factors such as the standard of living, length of the marriage and each spouse's resources. A spouse whose adultery or desertion caused the separation isn't entitled to alimony. See alimony.

Child support. Income shares, with a new table since July 1, 2024 and a parenting time adjustment and low-income adjustment since January 1, 2026. See child support.

Custody. Best interests, no presumption for either parent, a required parenting plan, and a child of 14 or older can elect a parent. See child custody.

Separate maintenance and annulment

Georgia doesn't call it legal separation, but separate maintenance lets a spouse seek support without a divorce, while the spouses live apart. Annulment is available in limited circumstances, such as a marriage that was void from the start; it isn't available in many cases where children have been born of the marriage.

After the divorce

• Remarriage: no statutory waiting period after the final decree.
• Name: the decree can restore a former name, and since May 1, 2024 a former spouse can ask later by motion. See divorce records.
• Appeals: divorce and alimony appeals go to the Court of Appeals, generally by application for discretionary review within 30 days.
• Changes: child support and periodic alimony can be modified for changed circumstances; custody for a material change affecting the child.

What's new in Georgia divorce law

Not enacted: bills to create a presumption of joint custody (SB 404, HB 1431) and to limit court-ordered reunification programs (HB 253, "Ethan's Law") died when the 2025–2026 session ended.

Common myths about divorce in Georgia

Frequently asked questions

How long do you have to live in Georgia to get a divorce?

Six months before filing for the spouse who files, or, if that spouse lives elsewhere, six months for the other spouse, who must also live in the county where the case is filed.

How long does a divorce take in Georgia?

As little as 31 days after your spouse acknowledges service, if both of you consent in writing. An unanswered case takes at least 46 days after service; contested cases take longer.

How much does a divorce cost in Georgia?

Filing fees are about $211 to $223 in the largest counties, plus $50 for sheriff's service if your spouse doesn't acknowledge service. Lawyers and experts in contested cases cost much more.

Is Georgia a no-fault divorce state?

Yes, it has a no-fault ground ("irretrievably broken"), but it also keeps twelve fault grounds, and fault can affect alimony.

Is Georgia a 50/50 divorce state?

No. Georgia divides marital property equitably, which may or may not be equal.

Can I get divorced in Georgia without a lawyer?

Yes. The judicial branch publishes statewide self-help forms and a checklist, and many counties publish complete packets.

Where these sections live

• Uniform Superior Court Rules, Rule 24 — Domestic relations
• Georgia courts: divorce forms
• Georgia Child Support Commission
• georgia.gov: file for divorce