Ultimate Guide to Getting a Divorce in Georgia

Choosing to begin the divorce process can result in conflicting emotions. You may feel relieved to move forward with your life. You may also feel uncertain or afraid about filing for divorce, especially when you realize how complex the legal proceedings can be.

In many cases, familiarizing yourself with Georgia divorce laws can make the process more straightforward. Our staff at Simplify My Divorce, an online divorce resource organization, created this guide on how to get a divorce in Georgia.

Read on for everything you need to know about divorce proceedings in Georgia, including the paperwork required to finalize your divorce case, requirements regarding legal separation, and insights into marital property division.

The Georgia Divorce Process: How to File for Divorce in Georgia

To begin the divorce filing process, you and your spouse must meet Georgia’s residency requirements. You may file for divorce if either party has lived in Georgia for six months or longer.

Secondly, you must have a ground, or legally accepted reason, for divorce. Unlike some other states, Georgia residents can seek fault-based and no-fault divorce grounds.

Typically, proceeding with a no-fault divorce on the grounds of irreconcilable differences will expedite the process, especially if you and your spouse reach a mutual agreement about the terms of your divorce. In fact, filing for divorce based on an “irretrievably broken” marriage is the most common ground for divorce.

That said, pursuing a fault-based divorce has its benefits, especially when it comes to alimony. In Georgia, legally accepted fault-based grounds for divorce include:

• Cruel treatment
• Habitual intoxication or drug addiction
• Adultery
• Domestic violence
• Mental incapacity
• Conviction of certain crimes of moral turpitude
• Incurable mental illness
• Impotency at the time of the marriage

It’s highly recommended to speak with an experienced divorce attorney for more information regarding a fault or no-fault divorce before filing, especially if you believe your spouse’s behavior may impact your ability to receive financial support after your separation.

Filing Divorce Papers in Georgia

Once you have determined the grounds for divorce, you must complete your divorce complaint. Your divorce complaint includes all the forms you’ll need to file your divorce papers with the Georgia courts and serve your spouse. Depending on your circumstances, your divorce papers may include information regarding important terms of your divorce, including:

• Child custody
• Child support
• Alimony
• Property division

You may choose to use an online divorce service to fill out your Georgia divorce forms. However, you can only use DIY divorce services if you and your spouse have chosen an uncontested divorce, in which the divorcing spouse and the responding spouse have agreed to the terms of the divorce.

If you have decided to move forward with an uncontested divorce, you can file your marital settlement agreement alongside your divorce papers. This agreement includes your decisions on joint or sole custody, child support, alimony, and division of marital property.

On the other hand, if one spouse disagrees with the other spouse on any element of your divorce, you’ll need to seek out an attorney and file your paperwork at the Superior Court in the county where your spouse lives.

Next Steps

After you’ve filed your forms with the Superior Court and paid your filing fee, Georgia law requires you to serve your spouse with divorce papers. Your spouse then has 30 days to file an answer or answer and counterclaim, if they disagree with any of the terms.

Finally, both you and your spouse must fill out a financial affidavit, in which you provide the courts with information on your income, assets, debt, and expenses. The court will use this information when making decisions on alimony, child support, and property division. As such, concealing any financial information could result in penalties or jail.

Paperwork and Forms Needed to Get a Divorce in Georgia

Each county has its own forms and requirements for divorce, but some of the most commonly used forms include the following.

• Case Filing Information Form: The Case Filing Information Form contains basic information on your case.
• Petition for Divorce: The Petition for Device includes a request for divorce, the grounds for divorce, and requests regarding marital and separate property and debt division, child custody, child support, and alimony.
• Domestic Relations Financial Affidavit: Both the filing and responding spouses must file a financial affidavit detailing their assets, income, expenses, and debts.

Depending on your circumstances, you may also need to file additional forms with your county Superior Court, including an Answer and Counterclaim form, a parenting plan with information on visitation rights and custody, and a child support worksheet.

If you and your spouse plan have chosen no-fault grounds for divorce and wish to end your marriage due to irreconcilable differences, you will also need to include your settlement agreement with your paperwork.

Georgia provides two forms for settlement agreements: one for couples with children and one for couples without. Both address major divorce issues, such as property division, child support, custody, and other terms that you and your spouse have agreed upon.

How Long Does a Divorce Take in Georgia?

Georgia divorce cases vary in length based on the complexity of your case. For example, if you and your spouse have chosen an uncontested, no fault-based divorce, you could receive a Final Judgment and Decree in as few as 31 days.

Contested divorces can take much longer. If you and your spouse disagree on several major issues or refuse to cooperate with your attorneys, mediators, or the judge, your case could extend to 12 months or longer.

How Much Does It Cost to File for Divorce in Georgia?

The cost to file for divorce in Georgia ranges from $200 to $220, based on the county in which you file the forms. You must also pay a service fee at the time of filing. Beyond that, it’s virtually impossible to estimate the total cost of divorce, especially if you and your spouse move forward with a contested divorce.

You will need the guidance of an experienced attorney for a contested divorce, which could result in thousands of dollars of consultation and legal fees. A lawyer may be a key addition to the process, especially if one spouse needs to prove that the other spouse committed adultery or another fault-based allegation.

Georgia Divorce Laws and Requirements You Need to Know

As with any state, Georgia has specific requirements that legally married couples must adhere to in order to obtain a divorce, as follows.

Georgia’s Residency Requirement

You or your spouse must live in Georgia for six months or longer before filing for divorce. If you or your spouse are members of the military, you may file your divorce forms in Georgia after living on a base in the state for at least one year.

Legal Separation Requirements

Georgia requires couples to be legally separated before filing for dissolution, but the state’s laws aren’t as strict as other states. Georgia’s divorce laws consider you legally separated even if you still live with your partner, as long as you:

• Do not continue marital relations
• Have established that you are in a state of separation due to an irretrievably broken marriage or another fault-based ground
• No longer carry out the mutual agreements and responsibilities of your marital relationship

How is Child Custody Determined in Georgia?

Georgia’s divorce laws allow a child’s parents or a judge to make decisions regarding child custody, child support, and visitation rights. The judge will consider the child’s best interest before establishing legal and physical custody.

Joint physical custody, or joint custody, simply refers to the amount of time the child spends with each parent. Joint custody allows both the custodial and non-custodial parent to have equal time with the child.

However, only legal custody enables a parent to make decisions regarding the child’s educational, legal, medical, or religious circumstances. Parents can share legal custody, or the courts may designate one parent as the primary custodial parent. In that case, the primary custodial parent is the final decision-maker.

Your judge will consider several factors before establishing custody, including:

• Each spouse’s living circumstances
• Your ability to care for your children
• Your mental and physical health
• Any past substance abuse, physical abuse, sexual abuse, cruel treatment, or child neglect

In some cases, your judge may appoint a custody evaluator to make a custody recommendation or a guardian ad litem to represent your child’s best interest in court.

How is Alimony Decided in Georgia?

Either party can request spousal support during your trial. You may even receive a temporary alimony order throughout the trial. That said, the requesting spouse will not receive alimony if the courts determine they caused the divorce due to willful abandonment or adultery.

If the judge determines that spousal support is necessary, they may grant temporary or permanent alimony. The court will consider several factors before doing so, including:

• The standard of living you experienced during your marriage
• The duration of your marriage
• You and your spouse’s physical, mental, and emotional condition
• Your income, expenses, assets, and debts
• You and your spouse’s education and earning abilities
• Your financial condition
• Your contributions to your marriage, such as childcare, homemaking, and other services

How is Marital Property Divided in Georgia?

Following the discovery and financial affidavit process, the Georgia court system will classify your assets as marital property or separate property. Generally, you can keep separate assets, or those you obtained as a gift, inheritance, or before your marriage.

However, you must split any marital property–or any assets you acquired during your marriage–with your former partner. The court will apply the principle of equivalent distribution to achieve a relatively balanced split of assets and debts.

Divorce in Georgia

Getting divorced is never easy, but becoming more familiar with the laws governing marriage and marital dissolution, along with the legally acceptable grounds for divorce, can make it more manageable.

In addition, you can seek the assistance of an experienced divorce attorney to guide you through the process, negotiate on your behalf, and help you achieve a faster end to your marriage without the hassle of a lengthy court trial.