Divorce Law in Georgia
Ready to Move Forward with Your Divorce in Georgia?
We’re here to guide you through the legal steps, requirements, and options available in Georgia divorce cases.
Learn MoreDivorce in Georgia
In Georgia, divorce can be filed on either no-fault grounds (“irretrievably broken marriage”) or fault-based grounds such as adultery, cruelty, or desertion. To file, you or your spouse must have lived in Georgia for at least 6 months before submitting your petition in Superior Court.
You begin by filing a Petition for Divorce with the court in your county, paying the required filing fee (typically $200–$400), and formally serving your spouse. Both parties must complete financial disclosures and resolve issues such as property division, child custody, child support, and alimony.
There is a mandatory 31-day waiting period after service before a divorce can be finalized. If your divorce is uncontested, the process may take as little as 45–60 days. Contested cases often take longer due to discovery, negotiations, and possible trial.
You may represent yourself or work with a family law attorney to ensure your rights and interests are fully protected.
Do I need my spouse’s agreement to get a divorce in Georgia?
No. Georgia allows you to file for divorce even if your spouse doesn’t agree, as long as legal grounds are met.
How long does it take to finalize a divorce in Georgia?
The minimum timeline is 31 days, but most cases especially contested divorces take longer, often several months.
Can I file for divorce in Georgia if I just moved here?
You must have been a Georgia resident for at least 6 months before filing. If you moved recently, you may need to wait until residency requirements are met.
Legal Process in Georgia
Step 1: File Petition & Pay Fee
File a Petition for Divorce in the Superior Court of your county and pay the filing fee.
Step 2: Serve Divorce Papers
Legally serve your spouse with the divorce papers through the sheriff’s office, process server, or certified mail.
Step 3: Exchange Financial Information
Share required financial disclosures and work to resolve property, custody, and support issues or have the court decide.
Step 4: Final Judgment
After at least 31 days and once all requirements are met, the court issues the Final Judgment and Decree of Divorce.