Divorce in Atlanta: which county court you file in
Summary
There's no Atlanta divorce court. Divorces are handled only by each county's Superior Court, and the City of Atlanta sits in two counties, Fulton and DeKalb.1, 2
What decides your court is the county, and usually the county where your spouse lives, not where you live. So two Atlanta neighbors can file in different courts.3
Fulton or DeKalb: the basic rule
You usually file in the county where your spouse lives. There are two exceptions. If your spouse has left Georgia, you file in the county where you live. If your spouse moved out of the county where you lived together within the last 6 months and you still live there, you can also file there.3
At least one of you generally has to have lived in Georgia for 6 months before filing.4
- Your spouse lives in the Fulton part of Atlanta, or anywhere else in Fulton: Fulton County Superior Court.
- Your spouse lives in the DeKalb part of Atlanta, or anywhere else in DeKalb: DeKalb County Superior Court.
- Your spouse lives in another Georgia county: that county's Superior Court, even if you live in Atlanta.
- Your spouse lives outside Georgia: the county where you live.
How to tell which county you're in
The city is split between Fulton and DeKalb. The city name in a mailing address doesn't settle it; the county does. Your property tax bill, vehicle registration or voter registration card shows your county. If you're still unsure, call the clerk of the county you think it is before you file.2
Fulton County Superior Court
Divorces in Fulton go to the Superior Court's Family Division in downtown Atlanta, and the filing fee is $220. Fulton's page covers its standing order, parenting seminar, mediation program and free local help.5
DeKalb County Superior Court
Divorces in DeKalb are filed with the Clerk of Superior Court at the courthouse in Decatur, and the filing fee is $217. DeKalb's page covers its standing order, parenting seminar, mediation and free local help.6
Other metro cities split between counties
Atlanta isn't the only one. These metro cities are partly in more than one county, so check your county the same way:2
- College Park: Fulton and Clayton
- Austell: Cobb and Douglas
- Buford: Gwinnett and Hall
- Auburn: Gwinnett and Barrow
- Braselton: Gwinnett, Hall and Barrow
- Palmetto: Fulton and Coweta
- Mountain Park: Fulton and Cherokee
Not the city's courts
Atlanta's Municipal Court and the counties' magistrate courts don't handle divorces. Only Superior Court can grant one. Family violence protective orders are also handled by Superior Court, with their own rules on which county to file in.1
Common questions
What court handles divorce in Atlanta?
The Superior Court of the county, not a city court. The City of Atlanta is in both Fulton and DeKalb counties, so it's Fulton County Superior Court or DeKalb County Superior Court, usually depending on where your spouse lives.
I live in Atlanta but my spouse lives in Marietta. Where do I file?
Usually in Cobb County, where your spouse lives.3
Is Atlanta in Fulton County or DeKalb County?
Both. The city is split between Fulton and DeKalb counties.
Sources
- ^ Georgia Constitution, Art. VI, Sec. IV, superior courts' exclusive power over divorce cases (Justia)
- ^ Georgia Department of Community Affairs, municipalities by county (2022, PDF)
- ^ Georgia Constitution, Art. VI, Sec. II, Para. I, where divorce cases are filed (Justia)
- ^ O.C.G.A. § 19-5-2, residence requirements (Justia)
- ^ Fulton County Clerk of Superior Court fee schedule
- ^ DeKalb County Clerk of Superior Court, civil filing fees, October 2025 (PDF)
Laws and court rules change. If something here looks out of date, email help@divorce.city.