Divorce in Georgia: how it works, county by county

What's different about divorce in Georgia

• A divorce is normally filed in the county where the responding spouse lives, if that spouse lives in Georgia.^[2] Served with divorce papers
• One spouse usually must have lived in Georgia for at least 6 months before filing.^[3] How long a divorce takes
• On the usual no-fault ground, a divorce can't be granted sooner than 30 days after the other spouse is served.^[4] Uncontested divorce, step by step
• Besides the usual no-fault ground, Georgia law lists 12 other grounds, most of them fault-based, such as adultery, desertion and cruel treatment.^[4] A spouse whose adultery or desertion caused the separation can't receive alimony.^[5] Grounds for divorce
• If a divorce is contested, either spouse can get a jury trial by asking for one in writing before the case is called for trial; otherwise the judge decides.^[6] A jury can't decide child custody, though; the judge does.^[7] Contested divorce, step by step
• Georgia isn't a community property state. Marital property is divided fairly, not necessarily equally.^[8] Dividing property and debts
• A child 14 or older can choose which parent to live with, subject to the child's best interests.^[7] Custody and parenting plans
• Since January 1, 2026, Georgia's child support calculation includes a parenting time adjustment, a formula based on the parenting time in the court order. How child support works
• When parents aren't married, only the mother has legal custody until the father legitimates the child.^[9] Legitimation
• Some courts, like DeKalb's, have a standing order that applies automatically to every divorce and other family case and sets rules for both parties while the case is open. DeKalb County