Georgia Divorce Petition

Filing a Divorce Petition in Georgia

Georgia grants a "total divorce," not a "dissolution of marriage," and the case begins when one spouse files a Petition for Divorce and Summons in the correct Superior Court. Before that filing can stand, at least one party must have been a bona fide resident of Georgia for six months, a jurisdictional rule set by O.C.G.A. § 19-5-2. Without that six-month residency, the court has no authority to hear the case, no matter how far the marriage has broken down.

Choosing Your Ground

Georgia offers thirteen grounds under O.C.G.A. § 19-5-3. Twelve are fault-based, including adultery, desertion, cruel treatment, and habitual intoxication, and the thirteenth, § 19-5-3(13), is the no-fault ground that "the marriage is irretrievably broken." Most Plaintiffs choose the irretrievably-broken ground because it needs no proof of wrongdoing, only a sworn statement that no reasonable hope of reconciliation remains. Georgia sets no mandatory statutory period of living separate and apart. The spouses need only be separated, a suspension of marital relations that can occur under the same roof, at the time of filing.

Where and How to File

The Petition and Summons go to the Superior Court of the county where the Defendant resides. Georgia keeps the traditional Plaintiff and Defendant labels rather than "petitioner" and "respondent." Filing fees run roughly $200 to $230 and vary by county because each Superior Court Clerk sets the local charge. After filing, the Summons and Petition must be served on the Defendant, and the waiting-period clock does not start until service is complete.

The 30-Day Waiting Period

Under O.C.G.A. § 19-5-3, a court may not grant a divorce on the irretrievably-broken ground until not less than 30 days have passed from the date of service on the respondent. This is a floor, not a ceiling. Contested cases involving custody, support, or property routinely take much longer, but no irretrievably-broken divorce can be finalized sooner than that 30-day mark.

Dividing Property

Georgia follows equitable distribution, often called equitable division. The state has no single codified division statute. Instead, the doctrine was established in the courts through Stokes v. Stokes, 246 Ga. 765 (1980), with related relief such as alimony available under O.C.G.A. § 19-6-1 et seq. "Equitable" means fair, not necessarily equal, so a judge weighs each spouse's contributions, conduct, and circumstances to reach a just division of the marital estate.

Before You File

Confirm you meet the six-month residency rule, identify the correct county Superior Court, choose your ground, and prepare accurate financial disclosures. Because Georgia's equitable-distribution framework is judge-driven rather than formula-driven, the facts you plead matter. To review the structure and required contents of the filing itself, see the Divorce Petition document guide (/legal-document/divorce-petition). Careful preparation at the petition stage, the correct court, a valid ground, and complete service, sets the pace for everything that follows.