Georgia Divorce: What You Need to Know

In Georgia, divorce, which is referred to as a dissolution of marriage, is the legal procedure for ending a marriage. Like every state, Georgia has its own rules concerning residency, waiting periods, and filing processes. The Superior Court in the county where either spouse lives is responsible for handling divorces. Interested persons can find here how divorce functions in Georgia, the different types of divorce, the steps in the court process, key details for filing in major counties, and how to access divorce records.

How Does Divorce Work in Georgia?

Before filing for divorce in Georgia, it is essential to meet the residency requirements. At least one spouse must have lived in the state for six months before filing the case. If the filing spouse is not a resident, they may still file if their spouse has lived in Georgia for at least six months.

Georgia allows for both no-fault and fault-based grounds for divorce. The most common is no-fault, where the filing spouse asserts that the marriage is “irretrievably broken” and there is no chance of reconciliation. Fault-based grounds, on the other hand, include adultery, desertion, habitual intoxication, cruel treatment, conviction of certain crimes, or incurable mental illness. Although proving fault is not a requirement, it can impact alimony and custody arrangements.

In Georgia, the minimum waiting period for divorce is 30 days after the non-filing spouse has been served. If both parties agree, an uncontested divorce can be completed after this period. However, if there are disputes, contested divorce matters can take several months if it goes to trial.

Types of Divorce in Georgia

Georgia law provides several pathways to divorce including:

• Uncontested divorce: This type tends to be quicker, cheaper, and often requires only one brief court appearance. It occurs when both parties agree on property, custody, and financial matters.
• Contested divorce: This occurs when disputes arise over custody, property division, or alimony. It involves multiple hearings, mediation, and sometimes a trial.
• No-fault divorce: This is the most common type which is based solely on the marriage being irretrievably broken.
• Fault-based divorce: This type is based on misconduct such as adultery, abuse, or abandonment.
• Collaborative divorce: Couples collaborate with attorneys and mediators outside of court to reach an agreement.
• Legal separation: Although Georgia does not have a formal legal separation process, couples may petition for separate maintenance, which establishes custody, support, and financial arrangements without ending the marriage.

Georgia Divorce Court Process and Forms

Divorces are initiated in the Superior Court of the county where either spouse resides. The process begins when one spouse, referred to as the petitioner, files a Complaint for Divorce. This document lists the reasons for the divorce and the relief being sought, which may include custody, child support, property division, or alimony.

Along with the complaint, other forms are often required, including:

• A summons
• Case filing information form
• Financial affidavits
• Parenting plans (if children are involved)

The non-filing spouse, known as the respondent, must be served with the papers, usually by sheriff, process server, or certified mail. If the spouse cannot be located, the court may allow service by publication.

Within 30 days, the respondent must file an answer. If they fail to respond, the court may grant the divorce by default.

Moreover, Georgia mandates that both spouses exchange financial disclosures to provide the court with a clear picture of income, assets, and debts. If minor children are involved, parents must also attend a Parenting Seminar, which provides education on co-parenting after divorce.

Many counties necessitate mediation in contested cases, especially for custody disputes. If mediation does not succeed, the case proceeds to trial, where a judge (occasionally a jury) makes the final decisions.

The divorce is concluded when the judge signs a Final Judgment and Decree of Divorce. This document officially ends the marriage and specifies the terms for custody, support, property division, and alimony.

City- and County-Level Filing Details

Divorce in Georgia is filed at the county level, with each Superior Court Clerk managing filings and records. The location and filing information of Superior Courts in some of the state’s largest counties are listed below:

• Fulton County Superior Court (Atlanta):
  • Courthouse: Fulton County Superior Court, 136 Pryor Street SW, Atlanta, GA 30303.
  • Services: Petitioners can locate court forms and conduct case searches online through the court’s website. It also recommends parenting seminars for parties in custody cases.
• DeKalb County Superior Court (Decatur):
  • Courthouse: DeKalb County Superior Court, 556 N. McDonough Street, Decatur, GA 30030.
  • Services: Anyone can find divorce forms online and at the Clerk's Office. In addition, mediation is required in many custody disputes.
• Cobb County Superior Court (Marietta):
  • Courthouse: Cobb County Superior Court, 70 Haynes Street, Marietta, GA 30090.
  • Services: This court also offers a variety of printable and downloadable forms. Per local court rules, parents involved in custody matters with minor children must attend a co-parenting seminar.
• Gwinnett County Superior Court (Lawrenceville):
  • Courthouse: Gwinnett County Superior Court, 75 Langley Drive, Lawrenceville, GA 30046.
  • Services: The Clerk’s Office provides a comprehensive collection of forms and documents from family law and domestic relation filings.
• Chatham County Superior Court (Savannah):
  • Courthouse: Chatham County Superior Court, 133 Montgomery Street, Savannah, GA 31401.
  • Services: The court provides mediation services or custody and property disputes.

Before filing a case, it is recommended to confirm the filing requirements with the Court Clerk as requirements may differ by county.

How to Search for Divorce Records in Georgia

Divorce records in Georgia are generally public, though certain sensitive information such as Social Security numbers and bank account details are redacted before release to the public. The Clerk of the Superior Court maintains the official documents submitted during a divorce process.

The ways through which record anyone may access records include:

• At the courthouse: You can request regular and certified copies of divorce decree at the Clerk’s Office for a fee.
• Online: Many counties provide online access to case searches via their Superior Court Clerk websites. You can conduct a search by using a case number, party names, or filing date.
• Third-party services: Private websites may provide record searches, but certified documents must be obtained from the appropriate Superior Court.

Divorce records usually contain the names of the spouses, the date and county of divorce, the case number, and the judge’s orders on custody, support, property division, and alimony. The Final Judgment and Decree of Divorce is the official proof that the marriage has legally ended.

Key Points

• Filing for divorce in Georgia happens at the Superior Court of the county where one spouse lives.
• To meet residency requirements, one spouse must live in the state for six months before filing.
• Georgia allows both no-fault divorces (irretrievable breakdown) and fault-based divorces (misconduct such as adultery or cruelty).
• The minimum waiting period is 30 days after service, but contested cases may take much longer.
• Parents with minor children must complete a parenting seminar, and mediation is often required.
• Divorce records are public and available through the Clerk of Superior Court, with online access provided in many counties.