What Are Georgia's Divorce Laws?

Just as states have regulations on marriage, they also have laws dictating the divorce process. These legal requirements define the procedures a person must go through to get divorced. 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.

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.

Georgia Divorce Laws: At a Glance

The following table explains Georgia's divorce laws. FindLaw's Divorce section has more articles and resources.

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.

Legal Requirements for a Georgia Divorce

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.

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.

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.

Georgia Is a No-Fault Divorce State

Georgia is a no-fault 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.

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.

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

According to the Georgia Code § 19-5-3, you can cite the following grounds for divorce:

• Adultery
• Pregnancy by another man before the marriage
• Irreconcilable differences
• Habitual intoxication or drug addiction
• Mental incapacity at the time of the marriage
• Fraud or force to enter marriage
• Cruel treatment with evidence of physical abuse (domestic violence)
• Willful desertion of at least one year
• Incurable mental illness
• Impotence
• Intermarriage (incest)
• Conviction of a crime of moral turpitude (at least two years in prison)

Some of these may seem antiquated. But these are still the grounds for divorce in Georgia as of 2024.

Contested Divorce Cases vs. Uncontested Divorce

There are two types of divorce in Georgia — contested and uncontested. The parties agree that divorce is the best option in an uncontested divorce. They also agree to the terms of the divorce. In an uncontested divorce case, the parties submit a copy of their divorce settlement agreement to the court clerk.

The judge will review and, hopefully, approve your agreement. Once this happens, the court will schedule your final hearing for 30 days.

In a contested divorce, the parties either disagree that divorce is the best option or disagree about the divorce terms. Some of the most contentious issues in a divorce action include:

• Alimony/spousal support
• Child custody of minor children
• Child support
• Parenting plan
• Visitation schedule
• Property division

The case will go to trial if your divorce attorney can't negotiate a settlement with your spouse's lawyer. At trial, both sides get to argue their cases before the judge. The family law judge will then decide these issues for you.

Child Custody and Child Support

Ideally, you and your spouse can devise a child custody arrangement that suits both of you. If that isn't possible, the court will decide custody for you.

The Georgia courts presume that both parents should share joint legal custody. The court's primary concern for physical custody is the child's best interests. It will usually appoint one parent as custodial, and the other parent has visitation rights.

The non-custodial parent almost always pays child support. The court will issue a support order based on the state's child support guidelines.

Alimony and Spousal Support in Georgia

There's never a guarantee that you'll get spousal support in your divorce. The Georgia family courts typically award alimony in cases where the marriage was longer than 10 years.

In deciding whether either party deserves alimony, the courts consider the following:

• Length of the marriage
• Standard of living during the marriage
• Work history, employability, and education of the parties
• Income and expenses of the parties
• The property the parties get in the divorce settlement

The court may order temporary or permanent alimony, depending on the circumstances. Alimony ends upon remarriage, death, or cohabitation. According to OCGA §19-6-19 (b), voluntary cohabitation by the receiving spouse warrants termination of alimony.

Spousal support doesn't automatically end unless the paying spouse files a motion with the court to terminate it.

Equitable Distribution of Marital Property

Georgia is an equitable distribution state. This means there's no guarantee that the judge will split your marital property 50/50. Usually, the parties negotiate a property settlement agreement. But the judge will decide who gets what if this isn't possible.

Some of the properties subject to equitable distribution include:

• Bank accounts
• Pensions
• Retirement accounts
• Real estate (including the marital home)
• Personal property
• Family pets
• Investments, stocks, etc.

Once the case is in the judge's hands, you'll have no say in how the court divides marital debts and assets.

Getting Divorced? Get Help From a Georgia Family Law Attorney

If you would like to know more about Georgia divorce laws and requirements, many divorce attorneys throughout Georgia may be able to help. Besides letting you know if you qualify for a divorce, attorneys may also help you plan for other divorce issues like child custody and property division.