{"id":372766,"date":"2016-03-31T21:35:02","date_gmt":"2016-04-01T02:35:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/georgia-law\/georgia-legal-requirements-for-divorce.html"},"modified":"2024-12-31T12:00:02","modified_gmt":"2024-12-31T17:00:02","slug":"georgia-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/georgia-legal-requirements-for-divorce.html","title":{"rendered":"Georgia Divorce Laws"},"content":{"rendered":"\n
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What Are Georgia's Divorce Laws?<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Just as states have regulations on marriage, they also have laws dictating the divorce process. These legal requirements<\/a> define the procedures a person must go through to get divorced<\/a>. Georgia’s divorce laws can be confusing and intimidating. If you’re considering divorce, you should know about these laws. You should also consult an experienced Georgia divorce attorney<\/a>.<\/p>\r\n

Here, we’ll summarize the divorce laws in the State of Georgia. We’ll also discuss how the Georgia courts handle child custody, alimony, and property division issues.<\/p>\r\n

Georgia Divorce Laws: At a Glance<\/b><\/h2>\r\n

The following table explains Georgia’s divorce laws. FindLaw’s Divorce<\/a> section has more articles and resources.<\/p>\r\n\r\n
Code section<\/th>\r\n\u00a7 19-5-1 et seq.<\/a> of the Georgia Code<\/td>\r\n<\/tr>
Residency requirements<\/th>\r\nSix months<\/td>\r\n<\/tr>
Waiting period<\/th>\r\nThe judge can’t issue a final divorce decree for at least 30 days after you file your petition.<\/td>\r\n<\/tr>
No-fault grounds for divorce<\/th>\r\nIrretrievable breakdown of the marriage; irreconcilable differences<\/td>\r\n<\/tr>
Defenses to a divorce filing<\/th>\r\nFor adultery, desertion, cruelty, or intoxication: collusion, both parties guilty, subsequent voluntary condonation and cohabitation, consent<\/td>\r\n<\/tr>
Other grounds for divorce<\/th>\r\nAdultery; cruelty or violence; willful and continued desertion for at least one year; drug\/alcohol addiction; impotency; mental incapacity or insanity; pregnant at the time of marriage by a man other than husband; conviction of a crime for which the sentence is two years or more; force, duress, or fraud in obtaining marriage; intermarriage within prohibited degrees of consanguinity (couple is related to each other) or affinity.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a Georgia divorce attorney or conduct legal research to verify your state’s laws.<\/i><\/p>\r\n

Legal Requirements for a Georgia Divorce<\/b><\/h2>\r\n

Georgia law regulates the divorce process. You must meet specific legal requirements before filing your divorce complaint. First, you must meet the state residency requirements. You must have been a resident of Georgia for at least six months before filing your divorce papers.<\/p>\r\n

The courts also impose a mandatory waiting period. The judge must wait 30 days before issuing your final divorce decree. The 30 days start when the process server delivers your spouse a copy of the complaint.<\/p>\r\n

There is a mandatory cooling-off period to give you and your spouse a chance to reconcile. The courts try to discourage divorce. This is why the family law judge offers couples multiple opportunities to mediate their divorce case. Trials are a last resort.<\/p>\r\n

Georgia Is a No-Fault Divorce State<\/h2>\r\n

Georgia is a no-fault<\/a> divorce state. The most common grounds for divorce are irreconcilable differences. This means nobody is at fault for the marriage’s demise. The petitioner can also invoke more traditional grounds for divorce.<\/p>\r\n

A no-fault divorce is the most common form of divorce in Georgia. Even if one spouse is at fault, the divorce process is much faster in a no-fault divorce. If you file a fault-based divorce, your divorce lawyer must prove that your spouse engaged in the behavior you allege in your complaint.<\/p>\r\n

In a no-fault divorce, you must only show that there has been an "irretrievable breakdown<\/a>" in your marriage. You must also certify that there is no chance of reconciliation.<\/p>\r\n

According to the Georgia Code \u00a7 19-5-3<\/a>, you can cite the following grounds for divorce:<\/p>\r\n