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Property Division Laws in Georgia

Learn how marital assets are divided in Georgia — community property or equitable distribution. Georgia follows equitable distribution.

Property Type

Equitable

Filing Fee

$200–$250

Median Cost

$9,500–$40,000

Annual Divorces

38,000+

Understanding Property Division in Georgia

Georgia is an equitable distribution state. Courts divide marital property in a manner they consider fair, which may not be equal. Factors include length of marriage, each spouse's earning capacity, and contributions to the marital estate.

The median cost of an uncontested divorce in Georgia is approximately $9,500. Contested divorces involving significant financial disputes average $40,000. These figures include attorney fees, filing fees ($200–$250), and related costs.

Under O.C.G.A. §19-5-3, Georgia courts consider the standard of living established during the marriage, each spouse’s income and earning potential, the duration of the marriage, and each party’s contributions — including homemaking and child-rearing.

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Common 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.

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Related Resources

This page provides general information about property division in Georgia and is not legal advice. Verify current statutes with O.C.G.A. §19-5-3 or consult a licensed Georgia attorney. Last reviewed March 2026.