How Does the Divorce Process Work in Georgia?
The legal process can feel overwhelming, but understanding your rights and the steps involved will give you clarity and control from the very beginning.
In Georgia, many people go through divorce without realizing they can move forward even if their spouse doesn’t agree, or that faster alternatives exist when both parties are willing to cooperate.
Lacking clear guidance can affect your emotional well-being, your assets, and even your child custody rights.
That’s why in this article, we’ll walk you through the divorce process in Georgia step by step—and explain how a skilled attorney can help protect what matters most.
If you need personalized guidance, schedule a consultation with Pineres Law. We’re here to listen and guide you with clarity and care.
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How Does the Divorce Process Work in Georgia?
When a marriage comes to an end, one of the most difficult decisions is to begin the divorce process. In Georgia, this process can be smoother if you understand the legal steps, your rights, and how an experienced attorney can help protect what matters most—your emotional well-being, your assets, and your children.
Legal Requirements for Divorce in Georgia
To file for divorce in Georgia, at least one spouse must have been a resident of the state for the past six months. Georgia also allows for no-fault divorce, which means there’s no need to prove that either party did something wrong. It’s enough to state that the marriage is irretrievably broken.
Types of Divorce: Contested vs. Uncontested
The process varies depending on whether both parties agree or not:
- Uncontested divorce: when both parties agree on all major issues such as custody, property division, and support. It’s usually faster and more cost-effective.
- Contested divorce: when there are significant disagreements. A judge becomes involved, and the process can become longer and more complex.
Stages of the Divorce Process in Georgia
- Filing the petition: one spouse files the divorce petition with the Superior Court in the county where they reside.
- Service of process: the divorce papers are officially delivered to the other spouse.
- Response: the served spouse has 30 days to file an official response with the court.
- Negotiation or mediation: if both parties are willing to communicate, an agreement can often be reached outside of court.
- Hearing and final judgment: if the parties can’t reach an agreement, the case proceeds to trial, and the judge issues the final ruling on custody, asset division, and support.
How long does a divorce take in Georgia?
The timeline depends on the type of divorce. An uncontested divorce can be finalized in about 30 to 60 days. If the divorce is contested, it may take several months—or even over a year—especially if there are complex disputes.
Do I need a lawyer to get divorced in Georgia?
Legally, you’re not required to have a lawyer. However, the experience of a family law attorney can make a significant difference—especially when children, property, or disputes are involved. A lawyer not only protects your interests but can also help reduce the emotional and financial stress of the process.
Frequently Asked Questions About Divorce in Georgia
What if my spouse doesn’t want a divorce?
You can still move forward. Georgia does not require your spouse’s consent to get a divorce. You only need to show that the marriage is irretrievably broken.
How much does a divorce cost in Georgia?
The cost depends on the type of divorce and whether there are legal disputes. A simple uncontested divorce may cost under $1,000. If the case is contested, costs can exceed $10,000 due to legal fees and court expenses.
Can I get joint custody?
Yes. Georgia courts generally favor arrangements where both parents remain actively involved in the child’s life, as long as it is in the child’s best interest.
