Divorce in Georgia

Nicknamed the “Empire State of the South,” Georgia enjoys high economic activity but unfortunately, the divorce rate here is also high. Divorce in Georgia is known as Total Divorce.

Filing for divorce in Georgia requires you or your spouse to have been a resident of the state for at least six months before filing. A member of the U.S. armed forces can also file in Georgia if s/he has resided in any military reservation or post within Georgia for one year before filing for divorce.¹

Georgia is a no-fault divorce state, and a judge can grant you a divorce if the marriage is “irretrievably broken.”² Georgia divorce laws also provide fault-based grounds that require proof. These include adultery, willful and continued desertion, impotence at the time of marriage, mental incapacity, conviction of a moral turpitude crime, closely related (intermarriage), forced or threatened into getting married, unknown pregnancy at the time of marriage by another man, habitual intoxication, addiction to drugs, an incurable mental illness and cruel treatment.³ A lawyer can guide you on grounds for divorce in Georgia.

Georgia is an equitable distribution property state, and only property acquired during the marriage is subject to division following divorce. The court will attempt to divide the property fairly and equitably between the parties.⁴ The judge will look at factors such as non-monetary contributions among other factors when deciding.

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¹Georgia Code § 19-5-2

²Georgia Code § 19-5-3(13)

³Georgia Code § 19-5-3(1)-(12)

⁴Stokes v. Stokes, 246 Ga. 765m 273 S.E.2d 169 (1981)