Family Law in Georgia
Family law covers divorce, parenting, support, and the agreements that shape a family. Georgia allows no-fault divorce (the marriage is 'irretrievably broken') or one of 12 fault grounds, requires six months' residency, divides marital property equitably (a judge-made rule, not a 50/50 split), and decides parenting by the child's best interest with a required parenting plan. This hub explains the essentials, then links guides for each topic.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Georgia family law turns heavily on your specific facts — talk to a Georgia attorney about your situation.
Georgia family law is governed mainly by Title 19 of the Official Code of Georgia Annotated (O.C.G.A.). A few statewide rules shape almost every case.
Grounds for divorce
Georgia recognizes 13 grounds for divorce (O.C.G.A. § 19-5-3). Twelve are fault grounds — including adultery, desertion, cruel treatment, and habitual intoxication — and the thirteenth is the no-fault ground that the marriage is “irretrievably broken.” A court cannot grant a divorce on the irretrievably-broken ground until at least 30 days after the respondent is served.
Residency
To file in Georgia, a spouse must generally have been a bona fide resident of the state for six months before filing (O.C.G.A. § 19-5-2). A non-resident may sometimes file where the respondent has lived in Georgia for six months.
Equitable distribution (not 50/50)
Georgia divides marital property by equitable distribution — a judge-made rule (from Stokes v. Stokes, 1980), not a single statute, and not the same as community property. Marital property (acquired during the marriage) is divided fairly, which need not be equal, while separate property (owned before marriage, or received by gift or inheritance) is set aside to its owner.
Custody and a required parenting plan
Custody is decided by the best interest of the child (O.C.G.A. § 19-9-3), and a parenting plan is required in permanent custody cases (O.C.G.A. § 19-9-1). A child 14 or older may select the parent to live with, but the choice is honored only if it’s in the child’s best interest.
The guides
Pick your topic below. To get matched with a local Georgia family-law attorney, connect with a lawyer.
Guides
- Adoption in Georgia
Georgia adoption is governed by O.C.G.A. Title 19, Chapter 8, which was comprehensively rewritten effective September 1, 2018. Adoption permanently transfers parental rights to the adopting parent. Stepparent adoption (O.C.G.A. § 19-8-6) is a common path and generally requires the other legal parent's consent or termination of their rights.
- Child Custody in Georgia
Georgia decides custody — legal (decision-making) and physical (where the child lives) — by the best interest of the child (O.C.G.A. § 19-9-3). A permanent parenting plan is required (O.C.G.A. § 19-9-1). A child 14 or older may select the parent to live with, but the court follows that choice only if it serves the child's best interest.
- Child Support in Georgia
Georgia uses the income shares model (O.C.G.A. § 19-6-15): both parents' incomes are combined, a basic support obligation is read from the statutory schedule, and it's divided between the parents in proportion to income. The Georgia Child Support Commission publishes an official online calculator. Specific schedule amounts and adjustments change with amendments — confirm the current statute.
- Georgia Divorce: Grounds, Residency & Process
Georgia allows divorce on any of 13 grounds (O.C.G.A. § 19-5-3) — 12 fault grounds plus the no-fault ground that the marriage is 'irretrievably broken.' A court can't grant a no-fault divorce until at least 30 days after service. A spouse must generally have lived in Georgia six months before filing (O.C.G.A. § 19-5-2).
- Legitimation & Paternity in Georgia
In Georgia, paternity and legitimation are different. A paternity action (O.C.G.A. § 19-7-43) establishes that a man is the biological father and can require him to pay support — but it does not give him custody or visitation. Legitimation (O.C.G.A. § 19-7-22) is the separate step that makes an unwed biological father a legal parent, with the right to seek custody and parenting time.
- Property Division in a Georgia Divorce
Georgia divides marital property by equitable distribution — a fair, not necessarily equal, split. This is a judge-made rule (from Stokes v. Stokes, 1980), not a single statute, and Georgia is not a community-property state. Marital property (acquired during the marriage) is divided; separate property (owned before marriage, or received by gift or inheritance) stays with its owner.
- Alimony (Spousal Support) in Georgia
Georgia alimony is support paid from one spouse to the other, and it's authorized but not automatic. A spouse whose adultery or desertion caused the separation can be barred from receiving it (O.C.G.A. § 19-6-1). When alimony is awarded, the court sets the amount using eight statutory factors (O.C.G.A. § 19-6-5), including the standard of living, length of the marriage, and each spouse's finances.
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