Georgia Divorce Filing Guide (2025)
To file for divorce in Georgia, you or your spouse must have lived in the state for at least six months. Georgia recognizes both no-fault and fault-base...
Key Takeaways
- To file for divorce in Georgia, at least one spouse must have been a resident of the state for a minimum of six months immediately before filing the complaint.
- Georgia has 13 grounds for divorce. The most common ground is that the marriage is "irretrievably broken," which is the basis for a no-fault divorce. The other 12 grounds are fault-based and include:
- The divorce process in Georgia begins with the filing of a Complaint for Divorce.
- The timeline for a divorce in Georgia depends on whether the case is contested or uncontested.
- The cost of a divorce in Georgia varies by county.
To file for divorce in Georgia, you or your spouse must have lived in the state for at least six months. Georgia recognizes both no-fault and fault-based grounds for divorce, with the most common being that the marriage is "irretrievably broken."
Georgia Divorce Filing Guide (2025)
To file for divorce in Georgia, you or your spouse must have lived in the state for at least six months. Georgia recognizes both no-fault and fault-based grounds for divorce, with the most common being that the marriage is "irretrievably broken."
This guide provides a step-by-step overview of the divorce process in Georgia, from filing the initial complaint to obtaining the final decree.
Table of Contents
- What are the residency requirements for divorce in Georgia?
- What are the grounds for divorce in Georgia?
- How do I file for divorce in Georgia? Step-by-Step
- How long does a divorce take in Georgia?
- How much does a divorce cost in Georgia?
- Frequently Asked Questions
- Legal References
What are the residency requirements for divorce in Georgia?
To file for divorce in Georgia, at least one spouse must have been a resident of the state for a minimum of six months immediately before filing the complaint. [1]
What are the grounds for divorce in Georgia?
Georgia has 13 grounds for divorce. The most common ground is that the marriage is "irretrievably broken," which is the basis for a no-fault divorce. The other 12 grounds are fault-based and include:
- Intermarriage by persons within the prohibited degrees of consanguinity or affinity
- Mental incapacity at the time of the marriage
- Impotency at the time of the marriage
- Force, menace, duress, or fraud in obtaining the marriage
- Pregnancy of the wife by a man other than the husband at the time of the marriage (unknown to the husband)
- Adultery
- Willful and continued desertion for the term of one year
- The conviction of either party for an offense involving moral turpitude, under which he or she is sentenced to imprisonment in a penal institution for a term of two years or longer
- Habitual intoxication
- Cruel treatment
- Incurable mental illness
- Habitual drug addiction
How do I file for divorce in Georgia? Step-by-Step
The divorce process in Georgia begins with the filing of a Complaint for Divorce.
Step 1: File the Complaint for Divorce
The first step is to file a Complaint for Divorce with the Clerk of the Superior Court in the county where your spouse lives. If your spouse has moved away, you can file in the county where you live.
Step 2: Serve the Complaint
The Complaint for Divorce and a Summons must be served on your spouse. This is typically done by the sheriff's office.
Step 3: Your Spouse Responds
Your spouse has 30 days to file an Answer to the complaint.
Step 4: Financial Disclosure
Both parties are required to exchange financial information by completing a Domestic Relations Financial Affidavit.
Step 5: Reach an Agreement or Go to Trial
If you and your spouse can agree on all issues, you can enter into a Settlement Agreement. If you cannot agree, your case will go to trial.
Step 6: Finalize the Divorce
After a minimum of 31 days from the date the complaint was served, the court can grant a Final Judgment and Decree of Divorce.
Civilly Tip: The Georgia Courts provide self-help forms for uncontested divorces, which can be found on their website.
How long does a divorce take in Georgia?
The timeline for a divorce in Georgia depends on whether the case is contested or uncontested.
| Divorce Type | Typical Timeline |
|---|---|
| Uncontested | 31-90 days |
| Contested | 6-18+ months |
How much does a divorce cost in Georgia?
The cost of a divorce in Georgia varies by county.
| Cost Category | Typical Range |
|---|---|
| Filing Fee | $200 - $225 |
| Service of Process | $25 - $50 |
| Attorney Fees (if applicable) | $5,000 - $20,000+ |
| Total (Uncontested) | $250 - $1,500 |
| Total (Contested) | $7,500 - $25,000+ |
If you cannot afford the filing fees, you can file a Pauper's Affidavit to ask the court to waive the fees.
Frequently Asked Questions
Do I need a lawyer to get a divorce in Georgia?
You are not required to have a lawyer, especially in an uncontested divorce. However, it is always a good idea to consult with an attorney to understand your rights and obligations.
What is a Final Judgment and Decree of Divorce?
A Final Judgment and Decree of Divorce is the final order from the court that officially ends your marriage.
How is property divided in a Georgia divorce?
Georgia is an equitable distribution state. For more details, see our Georgia Property Division Guide.
How is child custody determined in Georgia?
Custody decisions are based on the best interest of the child. For more information, see our Georgia Child Custody Guide.
Can I get alimony in Georgia?
Alimony may be awarded to either spouse. To learn more, read our Georgia Alimony Guide.
Legal References
- Official Code of Georgia Annotated (O.C.G.A.) Title 19, Chapter 5 (Divorce)
- Georgia Courts - Divorce Forms
Related Articles
- Georgia Property Division Guide
- Georgia Child Custody Guide
- Georgia Alimony Guide
- The Civilly Financial Checklist for Divorce
[1] O.C.G.A. § 19-5-2. (2020). Residence requirements. Justia Law. Retrieved December 21, 2025, from https://law.justia.com/codes/georgia/2020/title-19/chapter-5/section-19-5-2/