Georgia Divorce

To begin a divorce proceeding in Georgia, the person filing for divorce must have been a Georgia resident for at least six months.

Grounds for Divorce

Georgia allows for both no-fault divorces and at-fault divorces. In a no-fault divorce in Georgia, you can get a divorce by stating in the divorce papers that your marriage is "irretrievably broken." Grounds for fault divorce in Georgia include:

  • Mental incapacity or impotency at the time of the marriage
  • Adultery
  • Desertion for one year
  • Conviction of either spouse of a moral turpitude offense
  • Regular intoxication or drug addiction
  • Cruelty that endangers the life or safety of the spouse
  • Incurable mental illness
  • Force, menace, duress, or fraud in obtaining the marriage
  • The husband didn't know that the wife was pregnant by a man other than the husband at the time of the marriage
  • Incest

Property Division and Spousal Maintenance

In Georgia, all marital property, which includes assets and debts acquired during the marriage, is divided "equitably" (but not necessarily equally). Separate property, which includes property acquired before the marriage and property obtained during the marriage via gift or inheritance to strictly one spouse, is not subject to equitable distribution.

Under certain conditions, the court will order spousal support (commonly known as alimony) to be paid from one spouse to the other. The length and the amount of support awarded depend on several factors, including the length of the marriage and each spouse's financial situation and earning capacity.

Child Custody and Support

Georgia law requires that the court make custody decisions based on what is in the best interests of the child. Georgia courts will consider joint custody if it is in the best interests of the child. Generally, a parent who is not awarded custody is granted visitation rights.

In Georgia, child support is calculated based on the non-custodial parent's gross income and the number of children being supported. Support can range from as low as 17% of gross income for one child to 37% for five or more children.

Georgia Divorce Additional Resources

The State Bar of Georgia Divorce Pamphlet

Administrative Office of the Courts of Georgia for information about the courts in your area

The Georgia Department of Community Health for copies of marriage and divorce records

The Georgia Department of Human Services, Division of Child Support Services for information about collecting child support payments