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Same-Sex Divorce in Georgia

Legal considerations for same-sex divorce in Georgia. Property, custody, and unique challenges. Georgia follows equitable distribution.

Property Type

Equitable

Filing Fee

$200–$250

Median Cost

$9,500–$40,000

Annual Divorces

38,000+

Understanding Same-Sex Divorce in Georgia

Georgia processes approximately 38,000+ divorces annually. Understanding your rights and options specific to Georgia is essential before making decisions that will affect your finances and family for years to come.

Georgia follows equitable distribution rules for dividing marital assets. The state allows both no-fault and fault-based divorce (fault grounds: Adultery, Desertion, Cruel treatment). Filing fees are $200–$250, with a residency requirement of 6 months.

The median cost ranges from $9,500 for uncontested cases to $40,000 for contested divorces. Under O.C.G.A. §19-5-3, courts consider multiple factors when making decisions about property, support, and custody.

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 same-sex divorce 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.