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Before you start completing your uncontested divorce forms with us, please read all the requirements
for Georgia divorce. Make sure that your situation matches all the requirements.
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 Grounds for divorce
Residency requirements
Where to file
Property distribution
Spousal support / Alimony
Child support
Name change
The only no fault ground for divorce in Georgia is irretrievable breakdown of the marriage.
The following grounds shall be sufficient to authorize the granting of a total divorce:
- Intermarriage by persons within the prohibited degrees of consanguinity or affinity;
- Mental incapacity at the time of the marriage;
- Impotency at the time of the marriage;
- Force, menace, duress, or fraud in obtaining the marriage;
- Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;
- Adultery in either of the parties after marriage;
- Willful and continued desertion by either of the parties for the term of one year;
- The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;
- Habitual intoxication;
- Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;
- Incurable mental illness. No divorce shall be granted upon this ground unless the mentally ill party has been adjudged mentally ill by a court of competent jurisdiction or has been certified to be mentally ill by two physicians who have personally examined the party; and he has been confined in an institution for the mentally ill or has been under continuous treatment for mental illness for a period of at least two years immediately preceding the commencement of the action; and the superintendent or other chief executive officer of the institution and one competent physician appointed by the court, after a thorough examination, make a certified statement under oath that it is their opinion that the party evidences such a want of reason, memory, and intelligence as to prevent the party from comprehending the nature, duties, and consequences of the marriage relationship and that, in the light of present day medical knowledge, recovery of the party's mental health cannot be expected at any time during his life. Notice of the action must be served upon the guardian of the person of the mentally ill person and upon the superintendent or other chief executive officer of the institution in which the person is confined. In the event that there is no guardian of the person, then notice of the action shall be served upon a guardian ad litem, who shall be appointed by the court in which the divorce action is filed, and upon the superintendent or chief executive officer of the institution in which the person is confined. The guardian and superintendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the mentally ill person shall not be altered in any way by the granting of the divorce;
- Habitual drug addiction, which shall consist of addiction to any controlled substance as defined in Article 2 of Chapter 13 of Title 16;
- The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the respondent.
(Georgia Code, Title 19, § 19-5-3)
The confessions of a party to acts of adultery or cruel treatment shall be received with great caution; if unsupported by corroborating circumstances and if made with a view to be evidence in the case, such confessions shall not be deemed sufficient to grant a divorce.
What is the difference between fault divorce and no-fault divorce?
No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition. (Georgia Code, Title 19, § 19-5-2)
Usually, the Petition for divorce is filed in the county of defendant’s residence.
The Petition for divorce shall be filed in the Superior Court of ________ County, Georgia.
Georgia is an equitable distribution state, meaning that the marital property will be divided by the court as the court deems "fair".
As long as GA Statutes do not list factors to determine property distribution, it is mainly regulated by case law.
Alimony may be awarded to a spouse unless that spouse is guilty of desertion or adultery. This being said, marital conduct is considered in alimony awards in the state of Georgia. Also the following other factors are considered by the court when the parties can not agree on an alimony arrangement; participation each party had to the marital estate; the length of the marriage; the future financial resources of each party; the age and health of each party; the future earning potential of each party; the net worth of each party's separate property; the standard of living sustained during the marriage; and rehabilitative time one party may need to gain employment. (Georgia Code, Title 19, §19-5-5)
A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court. (Georgia Code, Title 19, § 19-6-1)
The Court may grant permanent alimony to either party, either from the corpus of the estate or otherwise. The following shall be considered in determining the amount of alimony, if any, to be awarded:
- The standard of living established during the marriage;
- The duration of the marriage;
- The age and the physical and emotional condition of both parties;
- The financial resources of each party;
- Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
- The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
- Such other relevant factors as the court deems equitable and proper.
All obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided. (Georgia Code, Title 19, § 19-6-5)
Parental agreements are greatly encouraged in Georgia. If the parents can not come to an agreement regarding child support amount, then the Court will decide this issue.
Child support in Georgia is based on the Percentage of Income formula that calculates the amount of support as a percentage of income of the parent and depends on the number of children.
If a divorce is granted, the judgment or decree shall specify and restore to the party the name so prayed for in the pleadings. (Georgia Code, Title 19, §§19-5-12, 19-5-16)
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