Divorce in Georgia: Laws, Requirements, and Process
A complete guide to getting a divorce in Georgia. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state.
- Waiting period: 30 days from service of complaint (45 days if served by publication).
- Filing fee: $200 - $250.
Grounds for Divorce
Georgia allows no-fault divorce. The no-fault ground is: Marriage is irretrievably broken.
Fault-Based Grounds
Georgia also recognizes these fault-based grounds for divorce:
- Adultery
- Desertion for one year
- Conviction of an offense involving moral turpitude with a sentence of 2+ years
- Habitual intoxication
- Cruel treatment
- Incurable mental illness
- Habitual drug addiction
- Marriage between persons related by blood
- Mental incapacity at time of marriage
- Pregnancy of wife by another man at time of marriage (unknown to husband)
- Force, duress, or fraud in obtaining marriage
Residency Requirements
6 months in the state.
Property Division
Georgia is an equitable distribution state. Georgia follows equitable distribution. Courts divide marital property fairly, considering factors such as each spouse's financial condition, contributions to the marriage, the length of the marriage, and the future needs of each party.
Alimony / Spousal Support
Georgia courts may award alimony based on the standard of living during the marriage, the duration of the marriage, the financial resources of each party, and each spouse's earning capacity. Alimony may be denied if the divorce was caused by the requesting spouse's adultery or desertion.
Child Custody
Georgia courts determine custody based on the best interest of the child. Factors include the love, affection, and emotional ties between each parent and the child, each parent's capacity to give the child guidance, and the stability of each home environment. Children aged 14 or older may elect which parent to live with.
Child Support
Georgia uses the income shares model. Child support is calculated based on both parents' adjusted gross incomes, the number of children, and additional costs such as health insurance and work-related childcare.
Filing Fee
The filing fee for divorce in Georgia is $200 - $250. Fee waivers may be available for those who cannot afford to pay.
Georgia court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Georgia?
Georgia allows no-fault divorce when the marriage is irretrievably broken. The state also has numerous fault-based grounds, including adultery, desertion, cruel treatment, habitual intoxication, habitual drug addiction, and mental incapacity.
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How long do you have to live in Georgia to file for divorce?
At least one spouse must have been a resident of Georgia for at least 6 months before filing for divorce.
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How is property divided in a Georgia divorce?
Georgia uses equitable distribution. The court divides marital property fairly based on each spouse's contributions, the length of the marriage, the financial condition of each party, and their future needs. Equitable does not always mean equal.
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How long does a divorce take in Georgia?
Georgia has a 30-day waiting period after the defendant is served. Uncontested divorces can be finalized in about 31 to 60 days. Contested divorces typically take 6 months to over a year.