Residency Requirements

In order to file for divorce in the State of Georgia, either spouse must have been a resident for at least six months prior to filing. The dissolution may be granted thirty days after its initiation.

Grounds

Georgia’s no-fault grounds for divorce may include an irretrievable breakdown of the marriage. Georgia also recognizes adultery, impotence, substance abuse, separation caused by mental illness and cruel and inhuman treatment as fault grounds for divorce.

Child Custody

The State of Georgia determines custody according to the best interests of the child. The parents may opt for an arrangement of either joint legal or joint physical custody, or a combination of both. There is, however, no joint custody preference or gender-based preference under the law in the State of Georgia. In addition, the child may chose the parent with which he or she would like to live, if sufficiently mature.

Child Support

Both parents are expected to provide financial support through the child’s eighteenth birthday. If the child graduates from high school after his or her eighteenth birthday, the parents will be expected to provide financial support up until the date of graduation. In the divorce settlement, the parents may agree to a specific allocation of college expenses.

Venue

When filing for divorce in the State of Georgia, one should file in the Superior Court of the respondent's county of residence. If the responding party has recently moved from the State of Georgia, then he or she must file in the county of the Petitioner's residence.

Mediation

In a pending divorce, either party may file a motion requesting mediation. The parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis. This must occur prior to the initiation of divorce proceedings.

Filing Fees

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.