Going through a divorce is never easy. It’s a complicated legal process that requires a great deal of attention and preparation. Most people have no idea where to begin, and finding answers can feel like an endless quest. Knowing how to file for divorce in Georgia is essential when it comes time to end a marriage. You don’t want to miss out on assets you’re entitled to, and you certainly don’t want to give up more than you have to.
Contact an Experienced Divorce Attorney
When you realize your marriage is coming to an end, it’s time to start looking for an experienced divorce attorney to help you understand your options and prepare for the coming proceedings. Whether a partner has been unfaithful, you find yourselves constantly arguing, or you’ve simply realized you’re incompatible, an attorney can help you get started on the process and guide you every step of the way.
Gather Necessary Documents
As you prepare to file the formal divorce petition with the court, you’ll need to gather some important documents. Work with your lawyer to collect the following:
- Your ID
- The marriage certificate
- Tax returns
- Bank statements
- Credit card and loan records
- Asset records
- Prenuptial agreements, if applicable
With one in three U.S. adults experiencing divorce in their lifetime, know that you aren’t alone as you begin this process.
File the Petition
The divorce process formally begins when you file the petition for divorce with your county’s superior court. In this petition, you’ll include the reason for the divorce, topics you want the court to address, and your personal information. If necessary, this would also be a chance to request temporary orders from the court. You’ll also have to pay the filing fee. Keep in mind that at least one spouse must be a Georgia resident for at least six months prior to filing.
With a divorce rate of 2.2 per 1,000 in 2025, Georgia is slightly below the national average.
Serve Your Spouse
After you’ve filed the petition for divorce, you must serve your spouse with the divorce papers. You can have the county sheriff do this for you, or you can hire a third-party server. As the petitioner, you do not have a deadline for serving the papers to your spouse. However, once you provide the documents to a server, O.C.G.A. § 9-11-4 states that they have five days to serve your spouse. Note that a failure to serve within five days does not invalidate the petition.
After your spouse is served, they will have 30 days to respond. If they do not contest the divorce and agree to your terms, the divorce case can conclude without a trial. If they do contest, then litigation begins. At this point, a date will be set for first appearances.
The Court Process
In your first appearance, the court will hear arguments for temporary orders like custody and child support. Any order the judge gives will remain in effect until the final divorce order is issued or a spouse presents a compelling reason for a change. Both sides will then engage in discovery, where they exchange evidence. At this point, the spouses will enter into mediation to try to reach a settlement.
If mediation is unsuccessful, the court may hold pretrial conferences before scheduling the final bench trial. The judge will hear both sides and issue their final ruling.
FAQs
How Much Does It Cost to File for Divorce in Georgia?
The cost to file for divorce in Georgia varies, but the initial filing fee is typically a few hundred dollars. However, you’ll also have to account for the cost to serve your spouse and your attorney’s fees. The final cost of a divorce depends largely on whether it is contested or uncontested, as contested divorces typically come with much higher costs.
How Long Do You Have to Be Separated Before You Can File for Divorce in Georgia?
If you are filing a no-fault divorce or on certain fault-based grounds, there is no legal minimum amount of time that you have to be separated before you can file. However, if the reason you’re filing for divorce is desertion, then you and your spouse must be separated for one continuous year.
What Are the 13 Grounds for Divorce in the State of Georgia?
In Georgia, the 13 grounds for divorce are irreconcilable differences, desertion, cruel treatment, adultery, drug or alcohol addiction, mental incapacity, criminal conviction, impotency, fraud, pregnancy by another marriage, mental illness, incest, and intermarriage. Because there’s no burden of proof, citing irreconcilable differences is the most common reason petitioners give when filing for divorce.
What Is a Wife Entitled to in a Divorce in GA?
In Georgia (U.S. state), a wife is entitled to a fair distribution of marital property, alimony depending on financial need, custody of children involved, and child support. When it comes to custody and child support, note that Georgia does not favor the mother in this aspect of the proceedings. Rather, the court acts in the best interests of the child.
Hire a Divorce Lawyer From Draper Legal
No one begins their marriage expecting it to end in divorce, but sometimes it is inevitable. Things can change, and people can change. If your marriage feels like it’s heading toward its end, hire a divorce lawyer from Draper Legal to help you understand your options and prepare you for the process ahead. Christy E. Draper has decades of experience in family law, and she can use her knowledge to help you fight for what you’re entitled to.
The team at Draper Legal knows Georgia divorce laws, and we can be your guide every step of the way, from the initial filing all the way through the final divorce order. You don’t have to go through this alone. Our compassionate team is standing by to help. Contact us today to discuss your case and learn more about how we can help ensure your divorce is as smooth as possible.
