Getting Divorced in Georgia: A Legal Guide

Before filing for divorce in Georgia, ensure you meet the residency requirements. At least one spouse must have been a resident of Georgia for at least 6 months before filing. Also understand that Georgia allows both no-fault and fault-based divorces. A no-fault divorce simply requires stating the marriage is 'irretrievably broken,' while fault-based grounds include adultery, cruel treatment, desertion, etc.

Collect all relevant financial and personal documents including: marriage certificate, tax returns (last 3-5 years), pay stubs, bank statements, retirement account statements, property deeds, vehicle titles, insurance policies, mortgage documents, credit card statements, loan documents, and documentation of separate property owned before marriage.

This is the formal document that initiates the divorce process in Georgia. It must include basic information about both spouses, marriage date, separation date, grounds for divorce, and what you're requesting regarding property division, child custody, support, etc. In Georgia, this document is officially called a 'Complaint for Divorce' or 'Petition for Divorce.'

The summons is a legal document that notifies your spouse that you have filed for divorce and that they have 30 days to respond in Georgia. It must be served along with the Petition for Divorce to your spouse to officially notify them of the proceedings.

File the Petition for Divorce and Summons with the Superior Court in the county where your spouse resides. If your spouse lives outside Georgia, file in your county. You'll need to pay a filing fee (approximately $200-300, though it varies by county). If you cannot afford the fee, you can file a Poverty Affidavit to request a fee waiver.

In Georgia, you must legally serve your spouse with the divorce papers. This can be done through the sheriff's department, a private process server, or by certified mail with return receipt requested. If your spouse agrees, they can sign an Acknowledgment of Service. If you cannot locate your spouse, you may be able to serve by publication after getting court approval.

If you were served with divorce papers, you have 30 days to file a response in Georgia. If you filed the petition, review your spouse's response when received. The response addresses each claim in the petition and may include counterclaims. If no response is filed within 30 days, the filing spouse may be able to seek a default judgment.

Georgia requires both parties to complete a Domestic Relations Financial Affidavit within 30 days of service of the petition. This sworn statement details your income, expenses, assets, and debts. Be thorough and accurate, as false information can result in penalties. This document helps determine equitable division of property, alimony, and child support.

Many Georgia counties require divorcing couples to attempt mediation before going to trial. Mediation involves working with a neutral third party to resolve disputes about property division, child custody, and support. Even if not required, mediation can save time and money compared to litigation.

If you have minor children, Georgia law requires a detailed Parenting Plan. This document outlines physical and legal custody arrangements, visitation schedules, holiday schedules, transportation arrangements, and how parents will make decisions about education, healthcare, religion, etc. The plan should prioritize the best interests of the children.

Georgia uses the 'income shares' model for calculating child support. The Child Support Worksheet factors in both parents' incomes, healthcare costs, childcare expenses, and other relevant factors. Use Georgia's online child support calculator to determine the appropriate amount according to state guidelines. Deviations from the guidelines must be justified to the court.

This agreement details how all marital property and debts will be divided. Georgia follows 'equitable distribution' principles, meaning property is divided fairly but not necessarily equally. The agreement should address division of real estate, vehicles, bank accounts, retirement accounts, personal property, and all debts. If spouses cannot agree, the court will make these determinations.

If retirement accounts will be divided, a QDRO is required to transfer retirement funds without tax penalties. This specialized court order instructs retirement plan administrators how to divide the accounts. Each retirement plan may have specific requirements for QDROs, so consider consulting with a financial advisor or attorney specializing in QDROs.

In Georgia, even uncontested divorces typically require a final hearing. For contested issues, you may need multiple hearings. Prepare to testify about why the marriage is irretrievably broken and how property should be divided. If children are involved, be prepared to explain why your proposed custody arrangement serves their best interests. Dress professionally and address the judge respectfully.

The Final Decree of Divorce is the court order that legally ends your marriage and finalizes all arrangements regarding property division, alimony, child custody, and support. Review this document carefully before it's signed by the judge to ensure it accurately reflects all agreements or court decisions. In Georgia, there is a mandatory 30-day waiting period from filing before a divorce can be finalized.

If child support is ordered, Georgia typically requires a Wage Withholding Order. This document directs the paying parent's employer to withhold child support from their paycheck and send it directly to the Georgia Family Support Registry, which then distributes it to the receiving parent. This ensures consistent payments and proper record-keeping.

After the divorce is finalized, update your name (if changed), address, beneficiary designations on insurance policies and retirement accounts, wills, powers of attorney, and other legal documents. Notify creditors, the Social Security Administration, DMV, and other relevant agencies of any name change. Close joint accounts and establish individual credit.

Adhere to all court-ordered obligations including child support payments, alimony, property transfers, and custody arrangements. Keep records of all payments made or received. For modifications to the divorce decree (due to significant changes in circumstances), you must file a petition with the court. Failure to comply with court orders can result in contempt charges, fines, or even jail time.