How to File for Divorce in Georgia

Complete guide to the Georgia divorce process, forms, and requirements for 2025
31-Day Waiting Period
$200+ Filing Fee
6-Month Residency

Steps to File for Divorce in Georgia

1

Meet Residency Requirements

At least one spouse must have been a Georgia resident for 6 months before filing for divorce.
2

Choose Grounds for Divorce

Georgia allows no-fault (irretrievably broken) and 12 fault-based grounds including adultery, abandonment, and cruel treatment.
3

File the Petition

File your Complaint for Divorce with the Superior Court in the county where the defendant resides (or where you live if defendant is out of state).
4

Serve Your Spouse

Your spouse must be served by the sheriff or by acknowledgment of service. They have 30 days to file an answer.
5

Complete Discovery

Exchange financial documents including domestic relations financial affidavits if the divorce is contested.
6

Finalize After 31-Day Wait

After the 31-day waiting period from service and resolution of all issues, attend final hearing for your Final Judgment and Decree.

Georgia Divorce Requirements

Residency Requirement

6 Months
At least one spouse must have been a bona fide Georgia resident for 6 months before filing.

Waiting Period

31 Days
Georgia requires a minimum of 31 days from service before the divorce can be granted.

Filing Fees

$200 - $250
Filing fees vary by county. Additional fees for service of process. Affidavit of indigency available.

Required Georgia Divorce Forms

Complaint for Divorce
Primary pleading to initiate divorce
Domestic Relations Financial Affidavit
Required financial disclosure
Summons
Notice to defendant spouse
Parenting Plan
Required if minor children
Child Support Worksheet
Georgia uses income shares model

Filing Options in Georgia

In-Person Filing

  • File at Superior Court Clerk's office
  • Located in each Georgia county
  • Bring original and copies
  • Pay fee at time of filing
  • Self-help resources in some counties

E-Filing

  • Available through Georgia E-Filing Portal
  • Required in some counties
  • File 24/7 from any location
  • Pay fees electronically
  • Track case status online

Contested vs. Uncontested Divorce in Georgia

Uncontested Divorce

  • Both spouses agree on all terms
  • Can be finalized in 31-45 days
  • Submit signed settlement agreement
  • Brief final hearing
  • Lower costs
  • Expedited processing

Contested Divorce

  • Spouses disagree on issues
  • Takes 6 months to 2+ years
  • Requires discovery process
  • Multiple hearings possible
  • Mediation may be required
  • Trial before judge

Important Things to Know

Georgia is an equitable distribution state. The court considers 13 total grounds for divorce - 12 fault-based and 1 no-fault (irretrievable breakdown). For child custody, Georgia courts focus on the best interests of the child and may require a parenting plan.

Georgia-Specific Considerations

  • Georgia is an equitable distribution state
  • 31-day minimum waiting period from service
  • 13 grounds for divorce (12 fault + 1 no-fault)
  • Mediation required in contested custody cases
  • Superior Court handles all divorce cases

Ready to Start Your Georgia Divorce?

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