If you're facing a divorce in Georgia, it pays to do your homework. Whether you plan to hire a lawyer or get a do-it-yourself divorce, you're going to have to make some decisions, and you should know what to expect. So the more you can familiarize yourself with Georgia divorce laws, the further ahead of the game you'll be.
Georgia has two basic requirements that you must meet in order to get a divorce in the state: a residency requirement, and a legally accepted reason for ending your marriage.
Before you can file for divorce in Georgia, either you or your spouse must have been a Georgia resident for the last six months. (Ga. Code § 19-5-2 (2022).)
You could potentially meet this residency requirement if you lived as a couple in another state before you moved alone to Georgia (leaving your spouse behind) six months before you filed for divorce in the state. But that could lead to problems down the road in your divorce, because the judge might not be able to order your spouse to pay child support or alimony (spousal support) if your spouse never lived in Georgia.
The rules governing the court's authority to decide on a person's rights (known as "personal jurisdiction") are complicated. (Ga. Code § 9-10-91 (2022).) So you should speak with an attorney if you're in this situation.
You must also have "grounds" for divorce, meaning a legally acceptable reason for ending the marriage. Georgia has both "fault" and "no-fault" grounds. (Ga. Code § 19-5-3 (2022).)
Fault grounds come into play when you're accusing your spouse of wrongdoing, such as adultery, mental or physical cruelty, or desertion. With no-fault grounds, neither spouse is blaming the other for the collapse of the marriage. The only no-fault ground available in Georgia is that the marriage is "irretrievably broken." This basically means the spouses can't get along and there's no reasonable prospect of that changing.
Because your spouse is likely to dispute claims of misconduct when you choose one of the fault-based divorce grounds, you're almost always better off filing for a no-fault divorce if you want to avoid an unnecessary legal battle.
You start a Georgia divorce by filing a divorce "complaint" and some accompanying documents with the court. Usually, you'll file with the Superior Court clerk's office in the county where your spouse resides. But you may file in the county where you reside if your spouse lives out of state or moved within the last six months out of the county where the two of you lived as a couple, and where you still live. (Ga. Const., Art. VI, Sec. II, Par. 1.)
Some Georgia counties may require that you file your divorce papers electronically (even if you don't have an attorney), so check with the court clerk's office of the county where you're filing to determine the local rules. If you don't have to use the e-filing system, you can go in person to the court clerk's office to file your paperwork.
The Georgia courts have online packets of the basic forms you'll need to start your divorce, along with instructions, checklists, and videos that walk you through the process. The forms will be different depending on whether you and your spouse have minor children.
Note that many counties have their own forms, so be sure to check the website of the court clerk's office in the county where you will file your paperwork, or call the office for more information.
When you're ready to file your case, be prepared to pay a divorce filing fee. The fees vary from county to county—usually around $200 to $300. There might be additional fees for e-filing.
If you can't afford to pay the filing fees, ask the court clerk about applying for a waiver. Based on the information you provide about your income, assets, and debts, the court will determine whether you qualify.
After you've filed your initial divorce papers, the process of getting a final divorce in Georgia depends in large part on whether your case is contested or uncontested.
In an uncontested divorce, the spouses have agreed about all the issues involved in ending their marriage, including:
Many couples attempt to settle any disputes before they file for divorce, often with the help of mediation. That way, once they have a marital settlement agreement, the rest of the divorce process will be relatively simple, and the couple can request that the court include the agreement in the judgment of divorce. (Also, if couples have a settlement agreement, they may use an online divorce service that will supply the correct forms and basically walk them through the process.)
Here are the basic steps for an uncontested divorce in Georgia:
The court will consider your Georgia divorce to be contested when you and your spouse have disputes over any issues in your case, such as child custody and visitation, child support, alimony, or property and debt distribution.
Georgia courts attempt to help couples resolve their disputes as their divorce case proceeds, and judges may require them to participate in mediation of certain issues. Even if they've started out with a contested case, most couples manage to reach agreement on the issues at some point during the divorce process (usually with the help of their lawyers, a mediator, or both). But if they don't, they'll have to go to trial to have a judge decide the issues for them.
Some disputes are more difficult to resolve than others. Without an agreement, Georgia law will guide judges in their decisions on these issues:
Contested divorces tend to be very expensive. (Think legal fees.) The cost of divorce climbs as cases drag on without a settlement—and the bills are highest for couples who need a trial to resolve their issues.
The amount of time it will take to complete your case will largely depend on the type of divorce. Obviously, an uncontested divorce will take less time than a contested one, because the spouses have resolved all their issues and so there's nothing left to fight about.
You certainly have the right to represent yourself in your divorce. But whether you should do that is a different matter. Self-representation (known as appearing "pro se") is most practical when you have an uncontested case, or you have no minor or dependent children and very few assets. But in situations where you have custody disputes or a significant amount of property, you may be better off retaining an attorney. Divorce laws can be quite complicated. A qualified divorce lawyer will know the intricacies of the law, as well as the ins-and-outs of the court system.
Remember, you'll probably have to live with the results of your case well after the divorce is over. If, down the road, you realize you made a mistake, there's no guarantee you'll be able to correct it. So it pays to get it right the first time.