Know the Ground Rules
Residence, venue, and grounds are non-negotiable in every Georgia divorce. One spouse must dwell in Georgia for six months before filing. If your spouse has moved out of state, you can file in your home county’s Superior Court. Georgia’s no-fault grounds (“irretrievably broken”) emphasise solutions rather than blame.
Think of these fundamentals like the opening scene that sets tone and pace. With residency confirmed, venue squared away, and a clear ground for divorce, you’ve built a sturdy stage for everything that follows.
Organize Your Life on Paper
Gather your financial and family history before signing any forms. Get recent tax returns, pay stubs, mortgage statements, rental agreements, bank and broking statements, retirement plan summaries, insurance policies, titles, loan paperwork, and credit card statements. Businesses should contain profit-and-loss records and ownership documentation. Do not forget prenuptial or postnuptial agreements.
Start separating items into “marital” versus “separate” property. Marital property generally includes what was acquired during the marriage; separate property can include pre-marital assets, inheritances, and gifts kept distinct. Do the same for debts. A clean inventory—names spelled correctly, account numbers accurate, dates aligned—becomes your north star. Judges appreciate clarity, and clerks move faster when your paperwork reads like a well-organized script.
Complete the Required Forms
The backbone of your filing is the Petition for Divorce, which tells the court what you’re asking for and why. You’ll also typically sign a verification (sworn statement), and include a summons so your spouse knows the case has been opened. Most counties require a Domestic Relations Case Filing Information form. Financial disclosure is not optional—plan to complete a Domestic Relations Financial Affidavit with income, expenses, debts, and assets.
A Parenting Plan (legal and physical custody, scheduling, holidays, decision-making) and Georgia-compliant Child Support Worksheet are required if you have children. Many courts allow e-filing, and others have standing orders that address matters like not moving children without permission and safeguarding finances. Always read instructions twice; clear names and dates are preferred.
File in the Right Place
When you’re confident your packet is complete, take it to the Superior Court clerk (or submit via the county’s e-filing platform, if available). Filing fees usually land in the $200–$400 range, plus service costs. Clerks aren’t there to guide your strategy—they log and stamp. You’ll get a file-stamped copy confirming the case is live and starting the clock for service. If your county issues a domestic standing order, follow it to the letter from day one, as judges take those rules seriously.
Serve the Papers the Right Way
After filing, you must formally notify your spouse. This is “service,” and it’s done by the sheriff or a licensed process server. Personal handoffs only count if your spouse signs an acknowledgment and files it with the court. If your spouse is hard to find, service by publication may be an option after diligent effort.
You’ll file proof of service once it’s complete. From service, your spouse generally has 30 days to respond. If there’s no response, you can ask the court to proceed by default—but default doesn’t mean you get everything; you still have to show the court your requests are fair and lawful.
Expect Early Hearings and Disclosures
Not all divorces go to trial. An early “temporary hearing” sets interim custody, parenting time, child support, home access, and sometimes alimony in most circumstances. These directives keep the house running while greater issues are resolved.
Next comes discovery: sharing documents, responding queries, and formally demanding information. Mediation typically follows. Mediation helps parties settle problems without conflict, thus many judges recommend it before trial. Prepare for a fast-paced hearing with file tabs, summaries, crisp exhibits and a position elevator pitch. Judges want evidence, not drama.
Property, Alimony, and Support
Georgia uses equitable division for marital property, which means the court aims for fairness, not strict 50/50. The court considers length of the marriage, contributions of each spouse (including non-financial), how and when assets or debts were acquired, and each person’s future needs. Retirement accounts and pensions are on the table for division; splitting them often requires a specialized order (a QDRO) to move funds without tax penalties.
Alimony (spousal support) can be temporary or permanent depending on need, ability to pay, level of living, and length of marriage. Georgia child support guidelines base child support on both parents’ wages, with modifications for health insurance, childcare, and special needs. Many couples combine child support and parenting time, so disclose costs and timetables.
If You Have Children
Georgia has two types of custody: legal (who makes significant decisions) and physical (where kids live). Courts consider the child’s best interests, not parental wishes. Your Parenting Plan should cover days, weeks, holidays, travel, communication, school, healthcare, extracurriculars, and relocation like a production plan.
Judges appreciate plans that reduce conflict. Keep exchanges predictable, outline how disputes will be handled, and include provisions for digital communication. If conflict spikes or facts are murky, the court may appoint a guardian ad litem to investigate and make recommendations.
Working With Counsel (and Limited-Scope Options)
Hire a lawyer without expecting a courtroom brawl. It usually means fewer errors, clearer timeframes, and reasonable expectations. Attorneys know what local judges look for in parenting plans, how to present finances properly, and when to request mediation versus a hearing. On a budget, limited-scope representation can help you draft essential documents, prepare for a hearing, or analyse a settlement while you handle the rest.
Timeline and Pace
Uncontested divorces can move quickly—sometimes in a matter of weeks once the mandatory waiting periods and paperwork are in order. Contested cases can take months or more, depending on discovery, expert involvement, and court calendars. Expect bursts of high activity followed by quieter stretches while documents are exchanged or dates are set. Keep your inbox tidy, watch for notices from the clerk, and treat deadlines like opening night: miss one and the whole production stumbles.
FAQ
How long do I need to live in Georgia before filing?
At least one spouse must have lived in Georgia for six months before filing a divorce case.
Do I have to claim fault to get divorced?
No, Georgia allows a no-fault divorce based on the marriage being irretrievably broken.
Where do I file my divorce?
You typically file in the Superior Court of the county where your spouse lives, unless your spouse is out of state.
How is my spouse notified after I file?
Service is usually done by the sheriff or a process server; an acknowledgment signed and filed by your spouse can also work.
How long does my spouse have to respond?
Generally, your spouse has 30 days from service to file an answer.
What if my spouse won’t sign anything?
You can still move forward with proper service and, if they don’t respond, seek a default—subject to court review.
Can I finalize quickly if we agree on everything?
Yes, uncontested cases can move fast once all required forms, disclosures, and waiting periods are satisfied.
What is equitable division?
It’s Georgia’s standard for dividing marital property fairly, which isn’t always an even split.
Will I get alimony?
Alimony depends on need, ability to pay, the marriage’s length, and related factors; it’s not automatic.
How is child support calculated?
Georgia’s guidelines use both parents’ incomes and adjust for costs like health insurance and childcare.
What is a Parenting Plan?
It’s the detailed blueprint for custody, parenting time, decision-making, holidays, and communication.
Do I have to go to mediation?
Many courts strongly encourage or order mediation before trial to help settle disputes.
Can I change my name in the divorce?
Yes, you can request a name change as part of your final divorce order.
What happens if we can’t agree on property?
The judge decides based on equitable division after reviewing evidence and testimony.
Can I file online?
Many Georgia counties accept e-filing; check your local Superior Court’s procedures.
