Am I Eligible for a DIY Divorce in Georgia? (2026)
Georgia offers one of the most affordable, fastest, and user-friendly DIY divorce paths in the country. Work through these questions to find your path.
Section 1 — Basic Eligibility
1. Has the plaintiff (you) lived in Georgia for 6 months?
- ✅ Yes — continue
- ❌ No — wait until you qualify, or file in your spouse's county if they qualify
2. Do you know which county to file in? Georgia files in the DEFENDANT'S county — not the plaintiff's.
- ✅ Yes — continue
- ❌ No — confirm your spouse's county of residence before filing
Section 2 — Agreement Factor
3. Do both spouses agree the marriage should end?
- ✅ Yes — strong DIY candidate
- ⚠️ Spouse is unresponsive — default divorce path
- ❌ Spouse wants to contest — consider mediation or attorney
4. Do you agree on property and debt division?
- ✅ Yes — proceed with uncontested divorce
- ⚠️ Not yet, but communicating — resolve before filing
- ❌ Can't agree — contested process, consider attorney
5. If children: do you fully agree on custody, visitation, and support?
- ✅ Yes — DIY with children is doable
- ⚠️ Mostly agreed — may still be manageable
- ❌ Disagree on custody — attorney recommended
- N/A — no children
Section 3 — Complexity
6. Does your child have a stated preference about custody? At age 14, a child can elect which parent to live with — this overrides parental agreements.
- ✅ Child is under 11 or has no strong preference — proceed
- ⚠️ Child is 11–13 with a preference — factor it into your plan
- ❌ Child is 14+ and prefers the other parent — reconsider your custody terms
7. Do you own a home together?
- ✅ No — simpler
- ⚠️ Yes, and we agree on outcome — manageable
- ❌ Disagree about the house — contested issue
8. Is fault (adultery, cruelty, etc.) a factor? Fault can affect property division and bars alimony for the at-fault spouse in Georgia.
- ✅ No fault issues — use irretrievable breakdown, proceed DIY
- ⚠️ Fault exists but both agree to no-fault divorce — still possible
- ❌ Fault significantly affects desired outcomes — attorney consultation recommended
9. Has either spouse hired an attorney?
- ✅ No — level playing field
- ❌ Yes — consider hiring one yourself
Section 4 — Safety
10. Is there any history of domestic violence?
- ✅ No — proceed normally
- ❌ Yes — contact the National DV Hotline (1-800-799-7233). Safety first. An attorney can help you access Georgia's protective provisions.
Your Results
Strong DIY Candidate
All green answers, use diy.georgiacourts.gov, and you're on your way.
Good DIY With Some Help
- Home or retirement accounts (agreed outcome) — use QDRO specialist for retirement piece
- Forms feel overwhelming — use Online Divorce or 3StepDivorce
- Fault issues exist but both agree on no-fault approach — proceed carefully
Consider an Attorney
- Disagreement on child custody
- Child age 14+ with conflicting preference
- Fault significantly affects desired financial outcome
- History of domestic violence
- Spouse has hired an attorney
Georgia's Best Free Resources
- diy.georgiacourts.gov — Best DIY divorce portal in the country
- georgialegalaid.org — Free legal aid and forms
- Your county Clerk of Superior Court — Call them with procedural questions
Last reviewed: March 2026
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.