Georgia divorce filing requires meeting a 6-month state residency requirement and filing with the Superior Court in the proper county. This comprehensive checklist covers everything you need for filing for divorce in Georgia: residency and venue rules under OCGA § 19-5-2, no-fault and fault grounds, required Domestic Relations Financial Affidavit (DRFA) forms, and county-specific filing fees ranging from $218 to $223. Whether you're planning an uncontested divorce or preparing for a contested case, this guide provides a clear roadmap for 2025.
Georgia Divorce Residency Requirements
Before you can file for divorce in Georgia, you must meet the state's residency requirement. Under OCGA § 19-5-2, the petitioner must be a bona fide Georgia resident for at least 6 months before filing.
Alternatively, a nonresident may file in Georgia against a spouse who has lived in the Georgia county of suit for the prior 6 months. Special rule for service members: a person who has been a resident of a U.S. Army post or military reservation in Georgia for 1 year immediately before filing may bring the divorce in any county adjacent to that post or reservation. Only one spouse needs to meet the residency requirement.
Filing in Georgia Superior Court
All Georgia divorce cases are filed in the Superior Court for the county where the respondent (defendant) lives. The general rule is to file in the county where the respondent resides. If both parties live in Georgia, file in the respondent's county. If the respondent has moved out of state but lived in a Georgia county within the last 6 months, venue may still lie in that county.
Many Georgia counties require or accept e-filing through Odyssey eFileGA, and some (like Cobb County) use PeachCourt. Check your county clerk's website for specific e-filing requirements and payment methods.
No-Fault and Fault Grounds for Divorce
Georgia recognizes 13 grounds for "total divorce" under OCGA § 19-5-3. The most commonly used is the no-fault ground: "the marriage is irretrievably broken." The court may not grant a divorce on this ground until at least 30 days after service on the respondent or acknowledgment of service.
Georgia also recognizes 12 fault grounds, including adultery, willful and continued desertion for 1 year, cruel treatment, habitual intoxication, conviction for an offense of moral turpitude with a sentence of 2+ years, and others. However, most divorces today proceed on the no-fault ground because it's simpler and doesn't require proving wrongdoing.
Required Forms for Georgia Divorce Filing
Georgia provides statewide standardized forms published by the Judicial Council and Administrative Office of the Courts. The primary forms you'll need include:
- Complaint for Divorce: Separate versions for cases with and without minor children
- Summons: For serving the respondent
- Verification: Sworn statement verifying the complaint
- Domestic Relations Financial Affidavit (DRFA): Required financial disclosure for temporary and final hearings involving support or property
- Parenting Plan: Required in all permanent custody cases when there are minor children
- Child Support Worksheet: Required when child support is at issue; use the official Georgia Child Support Calculator
- Acknowledgment of Service: Optional form for cooperative spouse to waive formal service
All forms are available as free downloads from the Georgia Courts website. County clerks may also have local forms or additional requirements—always check with your specific county.
Calculate Your Estimated Divorce Costs
Before filing, it's helpful to understand the full financial picture of your Georgia divorce. Use our free calculator to get a personalized estimate based on your specific situation and county.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
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Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Georgia Divorce Filing Fees by County
Filing fees for divorce in Georgia vary by county. For strategies on managing these expenses, see our guide to saving money on divorce. Here are recent examples from major Georgia counties:
- Fulton County (Atlanta): $223 as of July 1, 2024
- Gwinnett County: $220
- Cobb County: $218
- Chatham County (Savannah): $218
Sheriff's service is typically $50 per person in-county. Service by publication costs vary by county (for example, Cobb County lists $120 for publication plus a $25 publisher's affidavit fee). If you cannot afford the filing fees, ask your county clerk about indigency or poverty affidavits that may waive or reduce your fees.
Service of Process and Response Deadlines
After filing your complaint, you must properly serve your spouse with the divorce papers. Georgia requires proper service or a valid written Acknowledgment of Service; without it, the court lacks personal jurisdiction. Service options include:
- Personal service: By sheriff, county process server, or licensed private process server
- Acknowledgment of Service: If your spouse is cooperative, they can sign a notarized acknowledgment consenting to jurisdiction and venue, which expedites the timeline
- Service by publication: Available only after diligent search or avoidance of service is shown by affidavit and the court orders it; publication runs four times in the county's legal organ within 60 days
The respondent has 30 days from valid service to file an Answer. If no Answer is filed, the case can proceed in default after day 30. Under USCR 24.6, the earliest uncontested/default hearing for a personally served case is day 46 (day 31 with written consent/acknowledgment, day 61 for publication).
Frequently Asked Questions
Is there a waiting period for divorce in Georgia? Yes. For no-fault divorces based on "irretrievably broken" marriage, the court cannot grant the divorce until at least 30 days after service or acknowledgment of service. USCR 24.6 then sets earliest hearing dates: day 31 with both parties' consent, day 46 for default cases, or day 61 for publication cases. For a complete breakdown of contested vs. uncontested timelines, see our Georgia divorce timeline guide.
Do I need to prove fault to get divorced in Georgia? No. Georgia allows no-fault divorce based on the marriage being "irretrievably broken." While Georgia does recognize 12 fault-based grounds, most people use the no-fault option because it's simpler and doesn't require proving wrongdoing.
What if I can't afford the filing fees? Georgia provides a fee waiver process for individuals who qualify based on financial circumstances. File an indigency or poverty affidavit with the clerk's office, and the court will review your financial situation to determine if you qualify for a full or partial fee waiver.
