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How long does a divorce take in Georgia?
Summary
In Georgia, on the usual no-fault ground, a divorce can't be granted sooner than 30 days after the other spouse is served with the papers or formally accepts them.
When spouses agree on everything, many divorces finish within a few months of filing. When they disagree and a judge has to decide, it often takes many months, and complex cases can take more than a year.
To file in Georgia, one spouse usually must have lived here for at least 6 months.
The shortest it can be: 30 days after service
Most Georgia divorces are filed on the ground that the marriage is "irretrievably broken," meaning it can't be saved. No one has to prove the other spouse did anything wrong.
On that ground, the court can't grant the divorce until at least 30 days after the other spouse is served.[1] The clock starts when the sheriff or a process server delivers the papers, or when the other spouse signs a form accepting them.
After 30 days, the judge still has to review and sign the final papers. How quickly that happens depends on the county and how busy the court is.
Before you can file: the 6-month rule
One spouse usually must have lived in Georgia for at least 6 months before the divorce is filed.[2] There are a few exceptions, and a lawyer can tell you whether one applies.
The case is usually filed in the county where the other spouse lives.[3] Our county guide explains the exceptions and lists the filing fees for metro Atlanta.
Uncontested: when you agree on everything
A divorce is uncontested when both spouses agree on every issue: how to divide property and debts, whether there will be alimony, and, if there are children, custody, a parenting schedule and child support.
You'll usually file a written settlement agreement. With children, Georgia also requires a parenting plan[4] and a child support worksheet. When support, alimony or property division is at issue, each spouse usually fills out a Domestic Relations Financial Affidavit showing income, expenses, assets and debts.[5] Some courts ask for it even when you agree. Many courts also order parents to take a parenting class of up to four hours (Rule 24.8).
Once the paperwork is complete and 30 days have passed since service, the judge can grant the divorce. Some judges sign on the papers; others hold a short hearing.
Contested: when a judge decides
A divorce is contested when spouses disagree on one or more issues. It usually moves through these stages:
- Filing and service of the papers.
- An answer from the other spouse, usually due within 30 days of service.[6]
- A temporary hearing, if someone asks for short-term orders about the children, support or the home while the case goes on.
- Exchanging financial information and documents.
- Mediation. Many metro Atlanta courts can order contested family cases to mediation, and often do. A neutral mediator helps both spouses try to reach an agreement.
- A settlement at any point, or a final hearing or trial where the judge decides what's left.
Most contested cases settle before trial. The more issues that are settled early, the shorter and less expensive the case usually is.
What tends to make it take longer
- Disagreements about the children
- A business, retirement accounts or property that's hard to value
- A spouse who is hard to find or serve, or who doesn't respond
- Missing financial documents
- A busy court calendar in your county
What tends to keep it shorter
- Agreeing on whatever you can, even if not everything
- Having your papers ready early
- Answering requests for information on time
- Trying mediation before trial
Questions you might ask a lawyer
- Based on our situation, is uncontested realistic?
- Which county should the case be filed in?
- Does this court require mediation or a parenting class?
- What would make our case take longer than usual?
Common questions
Is there a waiting period for divorce in Georgia?
Yes. On the usual no-fault ground, the court can't grant the divorce until at least 30 days after the other spouse is served or accepts service.[1]
Can we get divorced faster if we both agree?
Agreeing doesn't remove the 30-day minimum, but it usually makes the whole process much shorter, because a judge doesn't have to decide disputed issues.
What if my spouse won't agree to the divorce?
In Georgia, one spouse can get a divorce even if the other doesn't want one. If the other spouse doesn't respond, the case can usually move forward without them under the court's rules. A lawyer can explain how that works in your county.
Do I have to go to court?
It depends on the county and the judge. Some uncontested divorces are granted on the papers, and others need a short hearing. Contested cases usually involve at least one hearing.
Sources
- ^ O.C.G.A. § 19-5-3, grounds for divorce (FindLaw)
- ^ O.C.G.A. § 19-5-2, residence requirements (Justia)
- ^ Georgia Constitution, Art. VI, Sec. II, Para. I, where divorce cases are filed (Justia)
- ^ O.C.G.A. § 19-9-1, parenting plans (Justia)
- ^ Uniform Superior Court Rule 24.2, financial affidavit
- ^ O.C.G.A. § 9-11-12, time to answer (Justia)
- Uniform Superior Court Rule 24.8, parenting seminars
Laws and court rules change. If something here looks out of date, email help@divorce.city.