Georgia recognizes both no-fault and fault-based grounds for divorce. The no-fault ground is that the marriage is irretrievably broken with no hope of reconciliation. Georgia's 13 fault-based grounds include intermarriage by persons within prohibited degrees of kinship, mental incapacity at the time of marriage, impotency at the time of marriage, pregnancy of the wife by a man other than the husband at the time of the marriage (unknown to the husband), fraud or duress in obtaining the marriage, adultery, willful desertion for one year, conviction and imprisonment for certain crimes, habitual intoxication, cruel treatment, incurable mental illness, habitual drug addiction, and the marriage being void as a matter of law.
To file for divorce in Georgia, one spouse files a Complaint for Divorce in the Superior Court of the county where the defendant resides. If the defendant has moved out of state, the complaint may be filed in the county where the plaintiff resides. The filing fee ranges from $218 to $223 depending on the county. The complaint must be served on the other spouse through the county sheriff or a private process server. The respondent has 30 days to file an answer.
The plaintiff must have been a bona fide resident of Georgia for at least six months immediately before filing the divorce complaint. If the plaintiff is not a Georgia resident, they may still file in the county where the defendant has resided for the prior six months. Georgia does not require a period of separation before filing for divorce.
Georgia follows equitable distribution when dividing marital property. Under Georgia law, only marital property (assets acquired during the marriage) is subject to division. Separate property—assets owned before the marriage or received through gift or inheritance—generally remains with the original owner. The court aims to achieve a fair division, which does not necessarily mean equal. Georgia courts have broad discretion in determining what constitutes an equitable split.
Georgia courts consider the duration of the marriage, each spouse's financial circumstances and earning capacity, each spouse's contribution to the marital estate (including homemaking and child-rearing), the conduct of each party during the marriage (including whether either spouse dissipated marital assets), the age and health of each party, any separate property of each spouse, the future needs of each party, and any other factor the court finds relevant to achieving equity. Unlike some states, Georgia does not have a statutory list of factors; courts exercise broad equitable discretion.
Georgia courts determine child custody based on the best interests of the child, as established in O.C.G.A. §19-9-3. There is no presumption in favor of either parent based on gender. The court may award sole custody, joint custody, or joint legal and shared physical custody depending on what arrangement best serves the child.
Legal custody involves the right and responsibility to make major decisions concerning the child's health, education, and welfare. Physical custody refers to where the child resides. Georgia courts may award joint legal custody while designating one parent as the primary physical custodian. Joint physical custody arrangements are possible but require both parents to demonstrate a cooperative co-parenting relationship.
Courts consider the love, affection, and emotional ties between each parent and the child, each parent's knowledge of the child's needs, the capacity of each parent to provide for the child's material needs, the home environment of each parent, the stability of the family unit, the mental and physical health of each parent, each parent's involvement in the child's educational and social activities, each parent's employment schedule, any history of family violence or substance abuse, and the willingness of each parent to facilitate a close relationship with the other parent. Children aged 14 and older may elect which parent to live with, though the court can override this choice if the selected parent is deemed unfit. Children aged 11 to 14 may express a preference that the court considers but is not required to follow.
The minimum timeframe for a Georgia divorce is 31 days after the respondent is served. Uncontested divorces typically take 45 to 60 days to finalize. Contested divorces can take six months to two years depending on the complexity of the case, the court's calendar, and whether the parties can reach agreements on disputed issues.
In Georgia, children aged 14 and older have the right to elect which parent they wish to live with, and the court will generally honor that choice unless the selected parent is found to be unfit. Children between 11 and 14 may express a preference that the judge will consider but is not required to follow. Children under 11 do not have a formal voice in the custody decision, though the court may still consider their wishes as one factor among many.
Adultery can impact a Georgia divorce in several ways. A spouse who committed adultery may be barred from receiving alimony. Adultery can also be considered as a fault ground for the divorce itself. However, adultery generally does not directly affect the division of marital property, which is determined based on equitable factors.
Georgia offers both no-fault and fault-based divorce options. The no-fault ground is that the marriage is irretrievably broken. However, Georgia also retains 13 fault-based grounds. Filing on fault grounds may impact alimony eligibility but does not typically change how property is divided.