Georgia Divorce Laws: An Introductory Guide to Filing in 2024

Georgia Divorce Laws

The complexities of divorce can be challenging, especially when it comes to understanding state-specific laws and procedures. If you’re considering ending your marriage in Georgia, it’s important to familiarize yourself with the state’s divorce laws and filing process. Here’s what you should know about divorce law in Georgia.

Residency Requirements

Before you can file for divorce in Georgia, you must meet the state’s residency requirements. Either you or your spouse must have been a Georgia resident for at least six months before filing for divorce. This requirement ensures the state has jurisdiction over your case.

Grounds for Divorce

Georgia allows both no-fault and fault-based divorces. In a no-fault divorce, you can simply state that your marriage is “irretrievably broken.” This option is often less contentious and easier to prove in court.

If you choose to file for a fault-based divorce, you must provide specific grounds for ending your marriage. Some examples of fault grounds in Georgia include:

• Adultery
• Cruel treatment
• Habitual intoxication or drug addiction
• Mental incapacity at the time of marriage
• Desertion for at least one year

It’s important to note that fault-based divorces can be more complex and may require additional evidence to prove your case. 

Filing Process

You generally file the Complaint for Divorce in the Superior Court of the county where your spouse lives. You may file in the county where you both lived if your spouse moved to another county within six months of the date you are filing. If your spouse has moved out of state, you can file in your county.

You can find the necessary forms and instructions on the Georgia Courts website. The forms you’ll need depend on whether you have minor children, so be sure to select the appropriate set of documents.

Serving Divorce Papers

After filing the petition, you must serve your spouse with the divorce papers. This can be done through

• A private process server
• The sheriff’s office
• Your spouse signing an Acknowledgement of Service

If you can’t locate your spouse, you may be able to serve them through publication in a newspaper with court permission.

Contested vs. Uncontested Divorce

In Georgia, you have the option of pursuing either a contested or uncontested divorce. An uncontested divorce is typically faster and less expensive, as you and your spouse agree on all issues related to the dissolution of your marriage. A contested divorce, on the other hand, requires a trial where a judge will make decisions on unresolved issues such as property division, child custody, and support payments.

Subscribe to the See You in Court Podcast for more details on Divorce Law in Georgia

A divorce can be overwhelming, but you don’t have to go through it alone. For more in-depth information and expert advice on Georgia divorce laws, subscribe to the See You in Court podcast. This valuable resource offers insights from experienced divorce attorneys and can help you better understand your rights and options throughout the divorce process in Georgia.

Please note: The information provided on this website and within our blog posts and YouTube channel is intended solely for educational and informational purposes as a public service by the Georgia Civil Justice Foundation.

Legal issues can be complex and individualized. If you are seeking legal advice, please contact a licensed attorney in your jurisdiction who can provide legal guidance that suits your particular situation.