Family Law Resources

Filing for Divorce in Georgia

Residency Requirements

At least one spouse must have been a bona fide resident of Georgia for 6 months before filing.

Grounds for Divorce

Georgia recognizes 13 grounds for divorce:

• No-fault: Marriage is irretrievably broken (most common)


• Fault: Adultery, desertion, cruel treatment, habitual intoxication, mental incapacity at time of marriage, pregnancy by another at time of marriage, fraud, incest, imprisonment, and others

Step-by-Step Process

1. Complete the Petition for Divorce and related forms


2. File with Superior Court in your county


3. Pay filing fee: Approximately $200-$250


4. Serve your spouse: Personal service by sheriff or private process server


5. Spouse files Answer: Within 30 days


6. Wait 30 days: Georgia has a 30-day waiting period after service


7. Discovery and negotiation


8. Final hearing and decree

Georgia Family Courts

Family law cases in Georgia are handled by the Superior Court in each county. Georgia has 159 counties organized into 49 judicial circuits.

Major Court Locations

• Fulton County (Atlanta): Fulton County Courthouse, 136 Pryor St SW


• DeKalb County: DeKalb County Courthouse, 556 N McDonough St, Decatur


• Cobb County: Cobb County Superior Court, 70 Haynes St, Marietta


• Gwinnett County: Gwinnett Justice Center, 75 Langley Dr, Lawrenceville


• Chatham County (Savannah): 133 Montgomery St

Family Court Division

Some larger counties have a dedicated Family Division of Superior Court with specialized judges.

Georgia Courts Self-Help

Visit georgiacourts.gov for forms and information about representing yourself.

Filing Fees in Georgia

Superior Court Fees (2025)

• Petition for Divorce: $200-$250 (varies by county)


• Answer to Divorce: $50-$100


• Motion to Modify: $50-$75


• Legitimation Petition: $150-$200

Indigent Filing

If you cannot afford fees, you can file a Pauper's Affidavit or Affidavit of Indigence. You may qualify if:

• You receive public assistance (SNAP, TANF, Medicaid)


• Your income is below 125% of federal poverty level


• You cannot afford basic necessities if you pay the fee

Other Costs

• Sheriff service: $25-$50


• Private process server: $50-$100


• Guardian ad Litem: $2,000-$10,000


• Custody evaluation: $2,500-$7,500

Free Legal Resources in Georgia

Legal Aid Organizations

• Atlanta Legal Aid Society: (404) 524-5811


• Georgia Legal Services Program: (800) 498-9469 (outside metro Atlanta)


• Atlanta Volunteer Lawyers Foundation: (404) 521-0790


• Latin American Association: (404) 638-1800 (Spanish-speaking)

Georgia Courts Self-Help

Visit georgiacourts.gov/csc for the Court Services Coordinator program and free forms.

Pro Bono Programs

• State Bar of Georgia Lawyer Referral: (404) 527-8755


• Fulton County Pro Bono Project


• DeKalb Volunteer Lawyers Foundation

Georgia Legal Aid

Visit GeorgiaLegalAid.org for free legal information and referrals.

Critical Deadlines in Georgia

Answer to Complaint

If served with divorce papers, you have 30 days to file an Answer.

30-Day Waiting Period

Georgia has a 30-day waiting period after the defendant is served before the divorce can be finalized.

45/60 Day Rule

For uncontested divorces:

• If both parties sign an agreement, the case can be finalized after 45 days


• If only the defendant files an acknowledgment of service, the wait is 60 days

Service Deadline

The defendant must be served within 5 years of filing (though most counties expect service within months).

Appeals

You have 30 days from entry of the final judgment to file a Notice of Appeal.

Modification

Generally, you must wait 2 years to modify custody unless there is a material change in circumstances.

Georgia's Unique Family Law Features

Child's Election at 14

Georgia is one of few states where a child aged 14 or older has an absolute right to choose which parent to live with, unless that parent is deemed unfit.

Equitable Division State

Georgia is an equitable division state - marital property is divided fairly but not necessarily 50/50. The court has wide discretion.

13 Grounds for Divorce

Georgia recognizes 13 fault-based grounds in addition to the no-fault ground of irretrievable breakdown.

Alimony Restrictions

If a spouse's adultery caused the separation, that spouse is barred from receiving alimony in Georgia.

Legitimation for Fathers

Unmarried fathers in Georgia must file a Petition for Legitimation to establish legal parental rights. Without legitimation, an unmarried father has no legal rights to custody or visitation.

Parenting Seminar Required

Many Georgia counties require divorcing parents to attend a parenting seminar before the case can be finalized.