How do I file for divorce in Georgia?

Q: How do I file for divorce in Georgia?

Georgia divorce is governed by O.C.G.A. § 19-5-1 et seq. 1. Residency Requirements — At least one spouse must have been a Georgia resident for 6 months before filing. 2. No-Fault Ground — The marriage is 'irretrievably broken' (O.C.G.A. § 19-5-3(13)) is the most common and only no-fault ground. 3. Fault Grounds — Twelve fault grounds including adultery, desertion (1+ year), cruel treatment, habitual intoxication or drug use, mental incapacity at the time of marriage, impotency, force/duress in obtaining marriage, pregnancy by another at marriage, conviction of a crime of moral turpitude, incurable mental illness, and incest. 4. Required Forms — File a Complaint (or Petition) for Divorce, Summons, Domestic Relations Case Filing Information Form, and Domestic Relations Financial Affidavit. 5. Filing Fee — Approximately $200–$220 depending on county. Pauper's affidavits available. 6. Service of Process — Sheriff or private process server. Respondent has 30 days to answer. 7. Waiting Period — Georgia imposes a mandatory 31-day waiting period from service before a divorce can be granted. 8. Property Division — Georgia is an equitable distribution state. Marital property is divided equitably — fairly, not necessarily equally — considering each spouse's contributions and circumstances. 9. Final Decree — A Final Judgment and Decree of Divorce signed by the judge ends the marriage. Uncontested cases may proceed without a hearing. This is legal information, not legal advice.

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Accepted Answer

Georgia divorce is governed by O.C.G.A. § 19-5-1 et seq.

1. Residency Requirements — At least one spouse must have been a Georgia resident for 6 months before filing.

2. No-Fault Ground — The marriage is 'irretrievably broken' (O.C.G.A. § 19-5-3(13)) is the most common and only no-fault ground.

3. Fault Grounds — Twelve fault grounds including adultery, desertion (1+ year), cruel treatment, habitual intoxication or drug use, mental incapacity at the time of marriage, impotency, force/duress in obtaining marriage, pregnancy by another at marriage, conviction of a crime of moral turpitude, incurable mental illness, and incest.

4. Required Forms — File a Complaint (or Petition) for Divorce, Summons, Domestic Relations Case Filing Information Form, and Domestic Relations Financial Affidavit.

5. Filing Fee — Approximately $200–$220 depending on county. Pauper's affidavits available.

6. Service of Process — Sheriff or private process server. Respondent has 30 days to answer.

7. Waiting Period — Georgia imposes a mandatory 31-day waiting period from service before a divorce can be granted.

8. Property Division — Georgia is an equitable distribution state. Marital property is divided equitably — fairly, not necessarily equally — considering each spouse's contributions and circumstances.

9. Final Decree — A Final Judgment and Decree of Divorce signed by the judge ends the marriage. Uncontested cases may proceed without a hearing.

This is legal information, not legal advice.