Georgia Divorce FAQ — 35 Most Common Questions Answered (2026)

Basics

Can I file for divorce in Georgia without a lawyer? Yes. Georgia's diy.georgiacourts.gov portal makes DIY divorce very accessible for uncontested cases.

Does Georgia have a waiting period for divorce? No mandatory waiting period. However, the court won't schedule a final hearing until 30 days after service (or your spouse waives this by signing an Acknowledgment of Service). Uncontested divorces typically finalize in 6–10 weeks.

What are the residency requirements? The plaintiff must have been a Georgia resident for 6 months. File in the county where the defendant lives.

What grounds can I use? Georgia allows both no-fault (irretrievable breakdown) and fault-based grounds. Most agreed divorces use irretrievable breakdown.

Can my spouse prevent the divorce? No. Georgia allows divorce based on irretrievable breakdown regardless of the other spouse's wishes.

Timeline and Cost

How long does a Georgia divorce take? Uncontested divorces typically take 6–10 weeks. With children: 8–12 weeks. Contested: 6 months to years.

How much does it cost? Filing fees are $215–$230 — among the lowest in the country. Total DIY costs for a simple case typically run $220–$350.

Can I get the filing fee waived? Yes, by filing an Affidavit of Indigence with the Clerk of Superior Court.

Filing and Forms

Where do I get Georgia divorce forms? diy.georgiacourts.gov is the best free source — it generates completed forms. Also: georgialegalaid.org.

Do I have to go to court? Yes — Georgia requires a final hearing. Typically 10–20 minutes for uncontested cases.

Can I e-file in Georgia? Yes, through eFileGA.com in participating counties.

Is the Financial Affidavit required? Yes — both parties must complete and exchange the Domestic Relations Financial Affidavit in every Georgia divorce.

Property

Is Georgia a community property state? No. Georgia is an equitable distribution state — property is divided fairly, not automatically 50/50.

Can adultery affect property division in Georgia? Yes. Georgia allows fault grounds, and fault (including adultery) can influence property division and alimony.

Does adultery affect alimony in Georgia? Yes. If the spouse requesting alimony committed adultery, they are generally barred from receiving it.

What is the source of funds rule? Georgia classifies property based on the source of the funds used to acquire it. Mixed assets have both separate and marital components.

Children

At what age can a child choose which parent to live with in Georgia? At age 14, a child can file a written election with the court choosing their custodial parent. Courts will generally honor this unless the chosen parent is found unfit.

What about children ages 11–13? Their preference is a significant factor in the best interest analysis but not binding like the age 14 election.

Is a parenting plan required? Yes — required in every Georgia divorce with minor children. Must comply with Uniform Superior Court Rule 24.

How is child support calculated? Georgia uses the Income Shares model, with a 2026 mandatory parenting time adjustment. Both parents' gross incomes plus overnight time determine the support amount. Use the official calculator at georgiacourts.gov.

Is a parenting seminar required? Some counties require it. Check with your county's Clerk of Superior Court.

After Divorce

How do I change my name in Georgia? Your Final Decree can include a name restoration. Take certified copies to the Social Security Administration first, then Georgia DDS for your driver's license.

What if my ex doesn't follow the Final Decree? File a contempt of court motion with the Superior Court. Georgia courts take contempt seriously.

Last reviewed: March 2026

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.