Divorce in Georgia: Frequently Asked Questions

How does the divorce process work in Georgia?

The divorce process begins by filing your divorce in Superior Court of the county where you or your spouse have lived for at least six (6) months. The most common ground for a divorce is a no-fault divorce citing irreconcilable differences between the parties. Other common grounds for divorce include adultery, habitual intoxication, and cruel treatment. Even if both parties agree that a divorce is in their best interests, Georgia courts require a 30-day waiting period to obtain a divorce to give the parties a chance to reconcile.

How do I serve the divorce complaint on my spouse?

Your spouse can voluntarily acknowledge the complaint through an Acknowledgement of Service. If they do not want to acknowledge the complaint, they will have to be served via sheriff or private process server authorized by the court to serve your spouse in the county.

If attempts to serve the divorce complaint do not work, what do I do next?

You must serve the other party according to the law. If you have made multiple attempts through the sheriff, private process server, or by trying to obtain voluntarily acknowledgement, you may be able to move the case forward via publication by service.

After I file for divorce, do I have to continue to live in Georgia?

No, you have submitted to the jurisdiction via filing; however, it will be extremely difficult to litigate from another state and the court may not be willing to allow you to attend a hearing remotely.

What if I am in the military and am stationed out-of-state while going through divorce in Georgia?

Generally, members of the armed forces are considered to be in the jurisdiction of their home country, state, and county- not where they are stationed. It is also important to note that military members have special considerations and rules when it comes to the equitable division of specialized military benefits.

After I file for divorce, can I move out-of-state with our children?

Unless it is approved by the court you cannot move outside of the jurisdiction of the court with the children.

How much will a divorce cost?

There is no way to predict the total cost of divorce. Before a divorce can be granted, there are several issues that must be addressed by Georgia courts including determining how property will be divided equitably between spouses, whether alimony should be paid, who should pay attorneys’ fees, and what child support and custody will be if there are children from the marriage. The best way to keep costs down is to have clear effective communication between yourself and your attorney.

Do I need to retain an attorney for my divorce?

While you are not required to retain an attorney for a divorce, you will be held to the same standard as an attorney when filing for your divorce. This means you must follow all Superior Court rules, court rules, and procedures when filing for your divorce. Failing to do so will result in delays in obtaining a divorce or even penalties if the mistakes are serious or frequent enough.

How long does a divorce take to finalize in Georgia?

The length of time it takes for a divorce to finalize in Georgia is entirely reliant on the facts and circumstances of each case. In uncontested divorces where there are absolutely no contested issues, a divorce can be obtained quickly. Contested cases involving child custody, child support, substantial assets, or many debts can take much longer to resolve. The jurisdiction, court docket, and individual schedules can also impact the timeline for divorce.

The factor that is most impactful on the divorce timeline is your and your spouse’s approach towards litigation. Failure to be cooperative, being difficult, or seeking to be hurtful can add months or even years to the length of time it takes to obtain a divorce.

What if my spouse does not want the divorce?

You will be granted a divorce if you file and follow the process. What the other party wants does not matter.

Will I have to go to court for my divorce?

In an uncontested divorce, you may not have to go to court. Although some jurisdictions require the parties to show up for the conclusion of the case to swear under oath that the elements necessary to complete the divorce have been satisfied. If it is a contested divorce, then you must attend every scheduled hearing.

What does it mean for a divorce to be “no-fault?”

The role of courts in states that are “no-fault” states is not to determine whose is primarily at fault. The courts in Georgia, a “no-fault” state, is determine what is the most equitable division of property and what arrangement is in the best interests of any children from the marriage. Adultery and cruel treatment can serve as factors in determining alimony and child custody in some cases.

What if I want to prove “fault” in the divorce?

Georgia is a “no-fault” state with several “at-fault” grounds for divorce. To obtain a divorce on the grounds of adultery, cruel treatment, or any other “at-fault” grounds for divorce you must meet the standard of proof known as “preponderance of the evidence.” This means that you must show evidence that proves that it is more likely than not that your spouse’s actions were the cause of the divorce.

Will I have to pay alimony?

Courts will award alimony on a case-by-case basis. Georgia courts look at the needs of each party, the ability of each party to pay alimony, the ability of each party to make a living, whether one of the parties have been out of the workforce for an extended length of time, the length of the marriage, and factors like cruel treatment or adultery that are grounds for the divorce.

How long do I have to be married for alimony to apply?

Generally speaking, if your marriage has lasted for over 10 years alimony may be awarded, but if your marriage is less than 3 years old alimony will most likely not be awarded. If alimony is awarded, it is usually awarded for a length of time around 1/3rd the length of the marriage. For example, if you were married 9 years, you may be awarded 3 years of alimony.

Is Georgia a community property state?

No. Georgia is an equitable distribution state.

What am I entitled to get out of my divorce?

As an equitable division state, Georgia does not divide marital property equally. It divides it equitably. This means that the Court will look at each parties contributions to the marriage to determine what is the most “fair” division of your marital property is.

What issues have to be decided before I can obtain a divorce?

If there are no children involved, the Court will have to determine what is the most “fair” division of assets and debts based on each spouse’s contributions to the marriage. They will also determine whether there is evidence to support the grounds for divorce and whether it supports an award of alimony or attorneys’ fees in favor of one party or another.

If children are involved the Court will make the same determination in addition to determining what child custody arrangement and child support determination are in the best interests of the minor child or children.

Do I have to be separated before I divorce in Georgia?

There is no requirement to be separated before a divorce is granted in Georgia; however, you do have to cease “marital relations” while undergoing the divorce process. If you resume “marital relations” the divorce claim must be thrown out of Court or dismissed.

Can I date while separated or going through divorce in Georgia?

You should not date during your separation or divorce in Georgia. You are still legally married to your spouse under Georgia law at this time. Dating during this time, dating could be considered adultery which could negatively impact your divorce proceedings.

When can I start dating or remarry in Georgia?

You can officially start dating or remarry once your divorce is granted and finalized.

Reach out to us to see how we can help you obtain your goals in your divorce!