To file for divorce in Georgia, you or your spouse must have lived in the state for at least six months, and you file in the Superior Court of the county where the defendant lives (or where the plaintiff lives if the defendant has moved out of state).1Justia. Georgia Code 19-5-2 – Residence Requirements; Venue The paperwork centers on a Petition for Divorce, a Summons, and a Domestic Relations Financial Affidavit, with additional forms when minor children or a settlement agreement are involved. Most filers use the no-fault ground that the marriage is “irretrievably broken,” which carries a mandatory 30-day wait after your spouse is served before a judge can sign the decree.2Justia. Georgia Code 19-5-3 – Grounds for Total Divorce
Uncontested or Contested: Pick Your Packet First
The Judicial Council of Georgia publishes two standardized form packets: one for divorces with minor children and one for divorces without.3Judicial Council of Georgia. Divorce Forms Both are built for uncontested cases, where you and your spouse already agree on property, debts, custody, and support. An uncontested case is filed with a signed settlement agreement and can usually finish without a trial.
If you disagree on even one issue, the divorce is contested. You still file the same Petition for Divorce, but you leave out the settlement agreement. The respondent files an Answer and possibly a Counterclaim, and the case moves through discovery, mediation, and potentially trial. Many counties also publish their own supplemental forms or standing-order packets, so check with your local Clerk of Superior Court after you download the statewide forms.
The Petition for Divorce and Summons
The Petition for Divorce starts the case. It identifies both spouses, states basic facts about the marriage, and tells the court what you want. You will need:
- Full legal names, addresses, and dates of birth for both spouses, plus names and birth dates of any minor children.
- The date of the marriage, the county and state where the ceremony took place, and the date of separation.
- A statement that you or your spouse has been a bona fide Georgia resident for at least six months before filing.1Justia. Georgia Code 19-5-2 – Residence Requirements; Venue
- The legal ground. Georgia recognizes 13 grounds, from adultery and desertion to the no-fault ground that the marriage is irretrievably broken. Most filers choose irretrievably broken because it requires no proof of fault.2Justia. Georgia Code 19-5-3 – Grounds for Total Divorce
- A prayer for relief listing what you want the court to grant: equitable division of property, custody, child support, alimony, restoration of a prior surname, and anything else.
Sign and verify the petition under oath before a notary. File a Summons with it. The Summons is the court’s formal notice to your spouse that a divorce action has been filed, and it warns the respondent that they have 30 days after being served to file an Answer.4Justia. Georgia Code 9-11-12 – Answer, Defenses, and Objections If they miss that window, you can ask for a default judgment.
The Domestic Relations Financial Affidavit
Everyone in a Georgia divorce has to file a Domestic Relations Financial Affidavit, contested or not. Uniform Superior Court Rule 24.2 requires it, and a judge will not rule on property division, alimony, or child support without one from each side.5Council of Superior Court Judges. Uniform Superior Court Rules
The form asks you to lay out your full financial picture: gross monthly income from every source, deductions to arrive at net income, a detailed list of monthly household expenses, and schedules of your assets and debts. Attach your two most recent pay stubs. If you have self-employment or rental income, attach a sheet showing gross receipts minus ordinary business expenses. For debts, list each creditor with the balance and monthly payment. Sign the affidavit under oath before a notary. Inaccurate or incomplete disclosures can trigger contempt sanctions or a continuance that delays your case, so take the time to get the numbers right.
Extra Forms When You Have Minor Children
If the marriage involves children under 18, three additional pieces come into play.
Parenting Plan
Georgia law requires each parent to prepare a Parenting Plan, or the parents can submit a joint plan if they agree.6Justia. Georgia Code 19-9-1 – Parenting Plans; Requirements for Plan The final decree has to incorporate a permanent plan, so the case cannot close without one. At a minimum it has to cover the physical custody schedule for every day of the year; how holidays, birthdays, school breaks, and vacations are divided; how the child will be exchanged between households and who pays transportation; and which parent makes major decisions about education, healthcare, extracurriculars, and religion, and whether that authority is sole or joint.
Specificity pays off. “Reasonable visitation” invites fights later. Name the holidays, pin down the calendar, and spell out pickup and drop-off.
Child Support Worksheet
Georgia calculates child support by combining both parents’ adjusted gross incomes and applying a statutory table based on the number of children.7Justia. Georgia Code 19-6-15 – Child Support Each parent’s share is proportional to their share of the combined income. The worksheet then adds health insurance premiums for the children and work-related childcare to produce the presumptive amount. The Georgia Child Support Commission’s online calculator generates the completed schedules once you enter the figures.8Georgia Child Support Commission. Georgia Child Support Calculator
Effective January 1, 2026, the statute adds a parenting time adjustment that reduces the noncustodial parent’s obligation based on court-ordered overnights, along with a low-income adjustment that caps the obligation below certain income thresholds.9Justia. Georgia Code 19-6-15 – Child Support (Effective 1/1/2026) Courts can also deviate from the presumptive amount for reasons such as substantial travel between parents’ homes, vision or dental insurance costs, life insurance benefiting the child, alimony, or the noncustodial parent paying the mortgage on the child’s home.10Georgia Child Support Commission. O.C.G.A. 19-6-15 If you want a deviation, document the expense and explain why the standard number does not fit.
Parenting Seminar
Most Georgia counties require both parents to complete a court-approved parenting education seminar when minor children are involved. The requirement traces to Uniform Superior Court Rule 24.8, and each county sets its own deadline. Gwinnett County, for example, requires the four-hour seminar within 31 days of service on the defendant.11Gwinnett County Courts. Navigating Family Change Parenting Seminar Fulton County requires completion within 30 days. Parents do not attend together, and children do not participate. Missing it can delay your final decree or result in contempt. Check your county’s standing order or the clerk’s office for the approved provider and timing.
The Settlement Agreement (Uncontested Cases)
An uncontested divorce cannot move forward without a written settlement agreement that resolves every issue in the marriage. Once the judge approves it, it becomes part of the final decree and is enforceable. The agreement should cover property division, debt allocation, alimony, custody and child support if children are involved, and loose ends like insurance, college expenses, tax filing, and surname restoration.
Georgia follows equitable distribution: marital property is divided fairly, not necessarily equally. Separate property owned before the marriage or received by inheritance generally stays with that spouse, while anything acquired during the marriage, regardless of whose name is on the title, is marital property. List every significant asset and say who gets it.
If the agreement splits a retirement account or pension, you will likely need a Qualified Domestic Relations Order (QDRO), a separate court order directing the plan administrator to divide the account without triggering early withdrawal penalties or taxes. The QDRO is its own document and must be approved by both the court and the plan administrator.
Filing With the Clerk and Paying the Fee
Once the paperwork is complete, file everything with the Clerk of Superior Court in the county where the action belongs. Most Georgia counties require electronic filing through either Odyssey eFileGA or PeachCourt.12Oconee County, GA. Georgia E-Filing Create an account on the platform, upload your documents, and pay the fee electronically. Fees vary by county: Fulton County charges $22313Fulton County Superior Court, GA. Fee Schedule and Cobb County charges $218,14Cobb County Superior Court Clerk. Fees and Forms so expect roughly $200 to $250 depending on where you file. If you cannot afford the fee, ask the clerk for a Uniform Affidavit of Indigency; filing that sworn form lets the court waive fees if you qualify.
Serving Your Spouse
After the clerk assigns a case number, you have to serve your spouse with the filed petition and summons. Georgia gives you several options:
- Acknowledgment of service. If your spouse cooperates, they can sign a written acknowledgment that waives formal service. Simplest and cheapest.15Justia. Georgia Code 9-10-73 – Acknowledgment of Service or Waiver of Process
- Sheriff or marshal. The county sheriff delivers the documents, typically for around $50.16Alcovy Circuit Court. Costs-Filing Fees, Etc.
- Private process server. A certified process server, or any person over 18 who is not a party to the case, can serve the documents if appointed by the court.17Justia. Georgia Code 9-11-4 – Process
Service is not optional. The court cannot proceed without proof the respondent was notified. If your spouse signs an acknowledgment, file the original with the clerk. If a sheriff or process server delivers it, they will file a return of service.
When You Cannot Find Your Spouse
If your spouse has left the state or cannot be located after a diligent search, you can ask the court for an order allowing service by publication. File an affidavit explaining what you did to try to find them. If the judge grants the order, the clerk publishes notice in the county’s legal newspaper four times over 60 days, each publication at least seven days apart. The respondent then has 60 days from the date of the court’s order to file an Answer.17Justia. Georgia Code 9-11-4 – Process Publication adds significant time and limits the relief the court can grant, especially on property, so treat it as a last resort.
Protecting Real Estate With a Lis Pendens
If marital property includes real estate and you are worried your spouse might sell, refinance, or transfer it before the divorce is final, file a Notice of Lis Pendens with the clerk at the same time you file the petition. The notice is recorded in the county’s real estate records and warns buyers, lenders, and title companies that the property is tied up in a pending divorce. Any transfer recorded after the notice remains subject to the court’s final judgment. The notice stays in force until the divorce finishes.
Restoring a Former Name
If you want to go back to a former or maiden surname, ask for it in the Petition for Divorce under the prayer for relief, and make sure the final decree states the exact name being restored. If you skip it during the divorce, you can still change your name later, but that requires a separate civil petition in Superior Court plus four weeks of published newspaper notice. Including it in the original petition costs nothing extra and takes effect the moment the judge signs the decree.
What Happens After You File
Many counties issue a Domestic Relations Standing Order that takes effect automatically once the case is filed and binds both spouses for the duration. The specifics vary by county, but standing orders commonly bar transferring or hiding marital assets, removing minor children from Georgia, canceling family insurance, and harassing the other party. Violating one can mean contempt, so read yours as soon as it is issued.
If you filed on the irretrievably broken ground, the court cannot grant the divorce until at least 30 days after service on the respondent.2Justia. Georgia Code 19-5-3 – Grounds for Total Divorce This wait cannot be waived, even if both sides have signed a settlement agreement. Uncontested cases often take longer than the minimum because of court scheduling.
For an uncontested divorce, the final step is a brief hearing where the judge reviews the settlement agreement, Parenting Plan if any, and financial affidavits, confirms both parties consent, and signs the Final Judgment and Decree. Some counties let the petitioner appear alone if the respondent has already signed and filed consent. Contested cases take considerably longer, with mediation typically required before trial and trial dates set by the court’s calendar.