Divorce in Georgia
Georgia allows both no-fault and fault-based grounds for divorce. The state uses equitable distribution to divide marital property and requires at least one spouse to have been a Georgia resident for six months. There is a mandatory 30-day waiting period after filing.
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
30 days after service
Filing Fee
$200-$400
Property Division
equitable distribution
Grounds for Divorce
- •Irretrievable breakdown
- •Adultery
- •Cruel treatment
- •Desertion
Key Facts
- ★Georgia recognizes 13 grounds for divorce including both fault and no-fault
- ★A 30-day waiting period applies from the date the respondent is served
- ★Property is divided through equitable distribution
- ★Georgia does not have formal spousal support guidelines
- ★Uncontested divorces can be finalized within 31 days
Child Custody
Georgia courts decide custody based on the best interests of the child. The court may consider the child's preference if they are 14 or older. Joint custody is available, and the court favors arrangements that maintain the child's relationship with both parents.
Alimony / Spousal Support
Georgia courts may award alimony to a spouse who demonstrates financial need. The court considers factors such as the standard of living during the marriage, the duration of the marriage, and each spouse's financial resources. Adultery can bar a spouse from receiving alimony.
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Common questions about divorce in Georgia
Yes. In Georgia, if a spouse's adultery is the cause of the divorce, that spouse may be barred from receiving alimony. The innocent spouse must prove the adultery to the court's satisfaction for this bar to apply.
An uncontested divorce in Georgia can be finalized as quickly as 31 days after the respondent is served. Contested divorces typically take 6 months to over a year depending on the issues involved.