What Are the Requirements for Filing for Divorce in Georgia?

Filing for divorce in Georgia means meeting all the specific legal requirements set by the state. Here’s an overview from a family law attorney in Atlanta, GA, of the key requirements for filing for divorce under Georgia’s family law code.

Residency Requirements

According to Georgia law, at least one of the spouses must have lived in Georgia for at least six months at the time of filing. The divorce must be filed in the Superior Court of the county where the other spouse resides, unless the filing spouse has recently moved, in which case the divorce can be filed in the county where the filing spouse lives.

If your spouse does not live in Georgia, you may still file in the county where you live, provided you meet the six-month residency requirement. Residency ensures that the state has legal jurisdiction over your case, which allows the Georgia courts to handle your divorce.

Grounds for Divorce

Both no-fault and fault-based grounds for divorce are recognized in Georgia law. In a no-fault divorce, the marriage can be dissolved simply due to “irreconcilable differences,” meaning the relationship is broken beyond repair. This does not require that either spouse prove any wrongdoing.

Georgia also recognizes fault-based grounds for divorce, including cruelty, adultery, habitual intoxication, mental incapacity at the time of marriage, impotency, desertion, or a felony conviction with a prison sentence of at least two years. If you choose to file on fault-based grounds, you will be required to provide evidence to support your claim.

Waiting Period

Once the divorce is filed, there is a mandatory waiting period in Georgia before the divorce can be finalized. For a no-fault divorce, the waiting period is 30 days from the date the divorce papers are served to the other spouse. This gives both parties time to reconsider or attempt reconciliation, particularly if children are involved.

Division of Property

Georgia requires “equitable distribution” in a divorce, which means that assets owned by both parties during the marriage must be divided in a way that is considered fair but not necessarily equal. When filing for divorce, you will need to disclose all assets, debts, and financial information. The court will consider factors such as the length of the marriage, each spouse’s financial contributions, and future financial needs when dividing property.

Marital property generally includes any assets or debts acquired during the marriage, while separate property, such as gifts, inheritances, or property owned before the marriage, typically remains with the spouse who owned it going into the marriage.

Child Custody and Support

If the divorcing couple has children, Georgia law requires the divorce filing to address child custody and support. Georgia courts prioritize the best interests of the child when determining custody arrangements. This can result in joint custody, where both parents share responsibilities, or sole custody, where one parent has primary control over the child’s upbringing.

Child support is calculated using the “income shares” model, which takes into account both parents’ incomes, the child’s needs, and the time each parent spends with the child. Custody and support agreements can be reached through negotiation between the spouses or, if no agreement can be made, decided by the court.

If you need legal assistance with your divorce in Atlanta, or any other area of family law, contact South Atlanta Family Law in Stockbridge, GA today. 

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