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Divorce in Georgia: Protect Your Rights and Your Future

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Divorce in Georgia is governed by Title 19 of the Official Code of Georgia Annotated (O.C.G.A.). To file for divorce, at least one spouse must have resided in Georgia for a minimum of six months prior to filing the petition, as required by O.C.G.A. § 19-5-2. Georgia recognizes no-fault divorce, where the most common ground is the irretrievable breakdown of the marriage. There are also thirteen fault-based grounds for divorce, including adultery, cruelty, desertion, and addiction.

During the divorce process in Georgia, the court divides marital property following the principle of equitable distribution under O.C.G.A. § 19-3-9. This does not mean an exact fifty-fifty split, but rather a fair distribution considering factors such as the length of the marriage, the contributions of each spouse, and the financial circumstances of each party. Separate property, meaning assets acquired before the marriage or received as an inheritance or personal gift, is generally not divided.

Spousal support, known in Georgia as alimony, may be temporary or permanent and is governed by O.C.G.A. § 19-6-1. The court evaluates factors such as the standard of living during the marriage, the duration of the marriage, the financial resources of each party, and contributions to the household. If you have minor children, the divorce will also involve decisions about custody and child support.

Steps You Should Take

1

Free Confidential Consultation

Call (770) 609-9396 to speak with a bilingual attorney about your situation. We evaluate your case, explain your options, and give you a clear plan from day one.

2

Gather Your Important Documents

Prepare bank statements, property deeds, tax returns from the last three years, retirement account information, and any prenuptial agreements. These documents are essential for properly valuing marital assets.

3

Filing the Complaint in Superior Court

Your attorney will prepare and file the divorce petition in the Superior Court of the appropriate county. We will also handle formal service of process on the other spouse.

4

Negotiation or Litigation

Most cases are resolved through a negotiated settlement. If an agreement cannot be reached, your attorney will represent you at hearings before the judge to defend your rights regarding property, custody, and alimony.

Frequently Asked Questions

How long does a divorce take in Georgia?
An uncontested divorce with no children can be finalized in approximately 31 days, which is the mandatory minimum waiting period under O.C.G.A. § 19-5-3 after the spouse is served. If there are disputes over property, custody, or alimony, the process can take several months or even over a year.
Do I have to prove my spouse did something wrong to get a divorce?
No. Georgia allows no-fault divorce based on the irretrievable breakdown of the marriage under O.C.G.A. § 19-5-3(13). You do not need to prove adultery, cruelty, or any other fault. However, if adultery or desertion exists, those grounds can affect the court's decision regarding spousal support.
What happens to the house if it is in both our names?
A marital property purchased during the marriage is a conjugal asset subject to equitable distribution under O.C.G.A. § 19-3-9. Options include one spouse buying out the other's share, selling the property and splitting the proceeds, or allowing the custodial spouse to remain in the home temporarily.
Can I get a divorce if my spouse refuses to sign?
Yes. In Georgia, one spouse cannot prevent a divorce if the other wants one. If the respondent does not respond to the complaint, the court can issue a default divorce. If the respondent answers but no agreement is reached, the case goes to trial and the judge decides.
What is a separation agreement, and is it required in Georgia?
A separation agreement is a contract between spouses that establishes the terms of the divorce, including property, debts, custody, and alimony. Georgia does not require a separation period before divorce, but this agreement can become part of the court's final order.

Applicable Laws

O.C.G.A. § 19-5-2Residency requirement: at least six months in Georgia before filing a divorce complaint.
O.C.G.A. § 19-5-3Grounds for divorce in Georgia, including irretrievable breakdown of the marriage (no-fault) and thirteen fault-based grounds.
O.C.G.A. § 19-3-9Equitable distribution of marital property during the divorce process.
O.C.G.A. § 19-6-1Spousal support (alimony): criteria for granting, amount, and duration.

Related Services

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Other Family Law Services

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Child Custody
C
Child Support
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Adoption
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Protective Orders
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Paternity
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Name Changes

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Norcross, GA 30093

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