Georgia Divorce Laws

Divorce Laws in Georgia (GA)

Georgia processes 38,000+ divorces annually. As an equitable distribution state, courts divide marital assets fairly based on multiple factors. Both no-fault and fault-based grounds are available.

Filing Fee

$200–$250

Residency Req.

6 months

Waiting Period

30 days

Property Type

Equitable

Grounds for Divorce

Georgia allows both no-fault and fault-based divorce under O.C.G.A. §19-5-3. Filing on fault grounds may affect property division or alimony in some cases.

GroundType
Irreconcilable DifferencesNo-Fault
AdulteryFault
DesertionFault
Cruel treatmentFault
Habitual intoxicationFault
ImprisonmentFault
Mental incapacityFault

Property Division

Georgia is an equitable distribution state. This means courts divide marital property in a manner that is fair and equitable, but not necessarily equal. Judges consider factors including length of marriage, each spouse's earning capacity, contributions to marital assets, and the economic circumstances of each party.

The median uncontested divorce in Georgia costs approximately $9,500. Contested cases with significant property disputes average $40,000.

Child Custody

Georgia courts determine custody based on the best interest of the child standard. Courts consider the child’s relationship with each parent, each parent’s ability to provide a stable environment, the child’s adjustment to home and school, and any history of domestic violence or substance abuse.

Georgia uses the Income Shares model. Both parents' incomes are combined, and a state guideline table determines the total support obligation. Each parent's share is proportional to their percentage of the combined income.

Alimony & Spousal Support

Spousal support in Georgia is determined by considering the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, and each spouse’s contributions (including homemaking). Courts may award temporary, rehabilitative, durational, or permanent alimony depending on the circumstances.

Under O.C.G.A. §19-5-3, the court has broad discretion in setting the amount and duration of spousal support. Longer marriages (typically 15+ years) are more likely to result in longer-term or permanent alimony awards.

Filing Requirements & Costs

Residency Requirement6 months
Filing Fee$200–$250
Waiting Period30 days
No-Fault AvailableYes
Fault Grounds AvailableYes (6 grounds)
Child Support ModelIncome Shares
Governing StatuteO.C.G.A. §19-5-3

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Frequently Asked Questions

How long do you have to live in Georgia to file for divorce?
Georgia requires 6 months of residency before you can file for divorce. O.C.G.A. §19-5-3 governs the filing requirements.
Is Georgia a community property or equitable distribution state?
Georgia follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Georgia?
Filing fees in Georgia range from $200–$250. The median total cost is approximately $9,500 for uncontested divorces and $40,000 for contested cases.
How long does a divorce take in Georgia?
Georgia has a mandatory waiting period of 30 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Georgia?
Georgia uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.
Can I file for divorce on fault grounds in Georgia?
Yes. Georgia allows both no-fault and fault-based divorce. Fault grounds include: Adultery, Desertion, Cruel treatment, Habitual intoxication, Imprisonment, Mental incapacity.
How many divorces happen in Georgia each year?
Georgia processes approximately 38,000+ divorces annually, making it important to understand your state's specific rules and formulas.
What should I do first if I'm considering divorce in Georgia?
Start by understanding the three core issues — property division, support/alimony, and custody. Use our free tools to calculate your costs, analyze your situation, and understand your state's specific formulas before spending money on attorney consultations.

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This page provides general information about divorce laws in Georgia and is not legal advice. Laws change frequently — verify current statutes with O.C.G.A. §19-5-3 or consult a licensed Georgia attorney. Last reviewed March 2026.