How to File for Divorce in Georgia | Divorce Law

Georgia Divorce Law FAQs

How do I start the divorce process in GA?

To file for divorce in Georgia one spouse files a document called a Complaint (or Petition) for Divorce in the appropriate superior court. This document is a formal declaration to the court and to your spouse that you are seeking a divorce, and seeking relief for all other related issues such as child custody and support, spousal support (alimony), and equitable division of property, including debts, if any.

A copy of the Complaint (or Petition) for Divorce will be served on (personally delivered to) the other spouse by a sheriff of the appropriate county, or that spouse may choose to acknowledge service by signing an Acknowledgment of Service before a notary public. This spouse has 30 days to file with the court a written response to the Complaint for Divorce.

How long will it take until the divorce is final?

It depends on whether your divorce is simple or complicated, and how well you and your spouse can interact to resolve all the issues. Every divorce is different. Understandably, the more the two of you can agree, the more both of you will save in time and in divorce attorney legal fees.

Handshake 300x197 1

Is there still common law marriage in Georgia?

On or after January 1,1997, no common law marriage shall be entered into in the state of Georgia. However, otherwise valid common law marriages entered into prior to January 1,1997 are recognized.

Do I need to live in Georgia to get a divorce here?

Yes, at least one spouse must be a “bona fide” resident of the State of Georgia for at least a six-month period of time prior to the filing of the petition for divorce.

Does Georgia have “no-fault” divorce?

Yes. For a “no-fault” divorce, one spouse must state a belief that the marriage is “irretrievably broken” and that the husband and wife are unable to resolve their marital differences with no hope of reconciliation.

Law 300x195 1

Yes. For a “no-fault” divorce, one spouse must state a belief that the marriage is “irretrievably broken” and that the husband and wife are unable to resolve their marital differences with no hope of reconciliation.

Yes. Other than the “no-fault” ground for divorce, Georgia has 12 other grounds for divorce.
Other Resources

CLIENT REVIEWS

“During various life events, I had to seek the counsel of an attorney.  To this date, Nancy Ghertner is the most impressive attorney that I have ever hired.  Nancy is diligent at securing the best results for her clients, professionally personable, intelligent, ethical, and reasonably priced for her services. But, most of all, I felt that she very sincerely personally cares about her clients. If I ever need to seek legal counsel again, I wouldn’t hesitate to pick up the phone and call Nancy as many of my friends and family members have done”

S H, Cumming, GA

Wanted to thank you for all your advice and instruction.  You were so kind and thoughtful.  I am so fortunate that we crossed paths.  My divorce was final 12-30 and now I can work on moving forward with a healthy future!  I am keeping you on file for friends and will be happy to refer you.

C.S.-Marietta, GA

“ My first experience in working with Nancy was when she worked with me during my divorce. She took a very pragmatic approach to managing what is a very emotionally charged situation. I knew that together we would get through that difficult time. Because of that experience, I have continued to work with Nancy on all of my personal legal matters since. I have also, and will continue to recommend her to anyone looking for a great attorney.”

J M, Roswell, GA

“I have used Nancy Ghertner for our business legal issues for almost 15 years.  She has been great!  There have been a few legal HR issues over the years that needed legal guidance.  We have also needed support with contracts review, Incorporation transfer work and an occasional client ‘late notice’ document. She is always calm and professional even when I am overwhelmed with an issue.  I cannot imagine ever changing business attorneys.”

JN, CEO, Atlanta Staffing Firm

GET OUR NEWSLETTER