Ready to start your divorce? Visit your local superior court clerk's office or contact a Georgia family law attorney for personalized guidance.
Get your divorce papersWhat Divorce Papers needs to be valid in Georgia
- You or your spouse must have lived in Georgia for at least 6 months before filing.
- You must have a legal ground for divorce, such as irreconcilable differences, adultery, or abandonment.
- You need to provide your spouse's full legal name and address for service.
- If you have children, you must include a parenting plan and child support worksheet.
- If you are seeking alimony or property division, you must list all assets, debts, and income in the appropriate financial affidavit.
- All documents must be signed in the presence of a notary public (unless filing electronically with specific forms).
How to set up a Divorce Papers in Georgia
- Check residency: Ensure you or your spouse has lived in Georgia for at least six months.
- Gather required forms: Obtain the standard divorce forms, including the Complaint for Divorce, Summons, and financial affidavits, from your local superior court clerk's office or online.
- Fill out the forms: Provide accurate details about your marriage, grounds for divorce, and any requests for custody, support, or property division.
- Sign and notarize: Many forms, such as the financial affidavit, must be notarized. Sign in front of a notary.
- File with the clerk: Turn in your completed forms to the superior court clerk in the county where you or your spouse reside. Pay the filing fee (or request a waiver if you qualify).
- Serve your spouse: Arrange for your spouse to be officially served with copies of the divorce papers. He or she will have 30 days to respond.
How much it costs
In Georgia, the filing fee for a divorce typically ranges from $200 to $250, depending on the county. Additional costs may include service of process fees (around $50) and attorney fees if you hire a lawyer. If you cannot afford the fee, you can apply for a fee waiver with the court.
Before You Begin: Georgia Divorce Papers Checklist
This checklist helps you prepare for filing divorce papers in Georgia, covering key steps and documents to have ready before starting.
- Meet Georgia's residency requirement: You or your spouse must have lived in Georgia for at least 6 months before filing.
- Gather necessary documents: marriage certificate, financial records (income, expenses, assets, debts), and any existing separation agreements.
- Decide on grounds for divorce: Georgia allows both fault and no-fault grounds (e.g., irreconcilable differences), which affect the forms and process.
- Confirm your county's superior court: File in the county where your spouse resides (if they are a Georgia resident) or where you reside if your spouse is a non-resident.
- Check local court rules for notarization and filing fees: Many Georgia courts require notarized signatures on the final divorce decree, and filing fees vary by county.
- Consider whether you need a notary before filing: Complete and notarize all necessary documents (e.g., settlement agreement, verification) before submitting to the court.
Questions people ask
What are the residency requirements for divorce in Georgia?
Either you or your spouse must have been a resident of Georgia for at least six months before filing. You must file in the county where your spouse resides, unless your spouse is not a Georgia resident, then you can file in your county.
Do I need a lawyer to file for divorce in Georgia?
No, you can file for divorce yourself. However, if your divorce is complex or contested, it's wise to consult with an attorney. For an uncontested divorce, many couples represent themselves using online resources or self-help packets.
How long does an uncontested divorce take in Georgia?
After filing and serving your spouse, there is a mandatory 31-day waiting period. If your spouse doesn't contest and everything is in order, the divorce can be finalized in about 30-90 days, depending on the court's schedule.
Are Georgia divorce forms available online?
Yes, many county court websites provide downloadable forms. You can also access standardized forms from the Georgia Administrative Office of the Courts, but local rules may apply, so check with your clerk's office.