Georgia Divorce: 13 Grounds, No-Fault & Residency

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).

This is general information, not legal advice. Talk to a Georgia attorney about how these rules apply to your situation.

Georgia lets you end a marriage with or without blaming your spouse — but the ground you use and the residency rule shape the case.

The 13 grounds

Georgia law lists 13 grounds for total divorce (O.C.G.A. § 19-5-3). The first twelve are fault grounds, including:

Adultery;
Willful desertion for at least a year;
Cruel treatment;
Habitual intoxication or drug addiction; and
several others (such as a moral-turpitude conviction, fraud or duress in the marriage, or mental incapacity).

The thirteenth is the no-fault ground: the marriage is “irretrievably broken.” This is the route most couples use, because it doesn’t require proving wrongdoing.

The 30-day minimum

On the irretrievably-broken ground, a court cannot grant the divorce until at least 30 days after the respondent has been served (O.C.G.A. § 19-5-3). An uncontested case can move forward shortly after that; a contested one takes much longer.

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). If you’re the non-resident spouse, you may sometimes file in the Georgia county where your spouse has lived for six months.

Fault still matters

Even when a divorce is granted on the no-fault ground, fault can still affect alimony and property division — for instance, a spouse whose adultery or desertion caused the separation can be barred from receiving alimony. To get matched with a local Georgia divorce attorney, connect with a lawyer.

Frequently asked questions

Does Georgia require fault to get divorced?

No. Georgia's most common path is the no-fault ground that the marriage is 'irretrievably broken' (O.C.G.A. § 19-5-3). Twelve fault grounds — adultery, desertion, cruel treatment, and others — also exist and can affect alimony and property.

How long does a Georgia divorce take at minimum?

On the no-fault 'irretrievably broken' ground, a court cannot grant the divorce until at least 30 days after the respondent is served (O.C.G.A. § 19-5-3). Uncontested cases can resolve soon after; contested cases take much longer.

How long must I live in Georgia to file?

Generally you must have been a bona fide resident of Georgia for six months before filing (O.C.G.A. § 19-5-2). A non-resident may sometimes file in the county where the respondent has lived in Georgia for six months.

What's the difference between contested and uncontested divorce?

Uncontested means the spouses agree on all terms (property, support, and any parenting issues) in a written settlement; contested means a judge must decide the disputed issues.

Related 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.

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.

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.

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.

Georgia Divorce: Grounds, Residency & Process