Georgia Divorce Laws: What You Need to Know

Divorce is an unfortunate reality for many people, as marriages sometimes just don’t work out for the long run. However, this doesn’t have to mean financial ruin. If you educate yourself on the divorce process and make sure to follow all the relevant laws as you plan for divorce, you can come through it ready to start a new life. The laws in each state are different, which is why it is important to know these Georgia divorce laws if you live in the Peach State.

Consider working with a financial advisor to ensure you remain on track with your financial goals both during and after your Georgia divorce.

How to File for Divorce in Georgia

Eligibility

To get a divorce in Georgia, one spouse must have lived in the state for at least six months.

Grounds for a Divorce in Georgia

Georgia divorce laws allow for both fault and no-fault divorces. It also allows for total divorce.

There are a few key differences between these opposing types of divorce.

No-Fault Divorces

No-fault divorces are the most common and least costly type of divorce proceeding. The only legal grounds for a no-fault divorce in Georgia are that the marriage has been hit with an irretrievable breakdown with no chance for reconciliation.

This divorce works if neither side did anything specific to bring about the divorce, and both parties simply want to end the union.

Fault Divorces

A fault divorce is less common and must be proven in court.

There are several acceptable grounds for a fault divorce in Georgia:

Adultery
Desertion for at least a year
Conviction of certain crimes, including murder and manslaughter, with a minimum two-year sentence served in prison
Drug addiction
Cruel treatment

Total Divorces

Georgia also offers total divorce, which is a form of annulment in which the marriage is void. This is only available if the marriage wasn’t valid in the first place.

Grounds include several scenarios:

One spouse was mentally incompetent at the time of the marriage.
One spouse was under the legal age.
Spouses are too closely related.
One spouse is already married.
A spouse used fraud to get married.

Process for Divorce

Gold wedding bands on a paper reading "divorce," which is ripped in half.

The first step in the divorce process is to file at the court in the county where you live. The complaint should include a list of issues you want the court to decide on, including how to split assets, child custody and alimony.

The spouse who files for divorce is the plaintiff. The other spouse, known legally as the defendant, is served papers notifying them of the divorce, either through their divorce attorney or a process server.

If both parties can agree on a divorce agreement, an uncontested divorce is possible, and you can bring your agreement to the court. This should address issues around property division, child custody, alimony and anything other relevant items. After the agreement is approved, a mandatory 31-day waiting period applies upon filing.

If the parties can’t come to an agreement, there will be a contested divorce. First, there is a discovery process in which both parties gather financial information, take statements and gather other evidence. Both parties then come together to negotiate a settlement, sometimes with the help of an outside mediator.

If a settlement can’t be reached, though, a trial will be scheduled. The judge will hear testimony and review evidence. Afterward, they will make a final judgment based on all presented facts.

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How to Split Up Assets During a Divorce in Georgia

In Georgia, marital property encompasses all property acquired by either spouse during the marriage. This can include homes, cash, cars and retirement accounts, as well as other assets or debts.

Separate property, which is not part of the divorce settlement or judgment, is anything either spouse obtained before the marriage. Property obtained via a gift or inheritance is also considered separate property, along with anything delineated through a prenuptial agreement.

How to Divide Property in Georgia After a Divorce

Georgia is not a community property state, so the pool of marital property, which can include pension assets, does not need to be divided evenly.

Instead, the judge will divide it according to what they deem fair based on certain factors:

Each spouse’s separate assets
Alimony awards
Income
Earning potential
Conduct during the marriage Future financial needs
Total debts

How to Manage Child Support and Alimony Under Georgia Divorce Laws

In Georgia, child support is governed by a specific formula known as the income shares model. This takes the total amount of money needed to raise the couple’s children and divides it between the parents based on their personal incomes.

Another consideration is which party is the custodial parent. This is defined as the parent the kids spend most of their time with.

There are two types of alimony in Georgia: temporary alimony and permanent alimony.

Temporary alimony. Temporary alimony is ordered to be paid during the trial so the supported spouse can live until the trial is over. At this point, that support ends.
Permanent alimony. Permanent alimony must be paid after the divorce is finalized. Despite its name, permanent alimony does not always last forever, and it’s often paid only until the supported spouse becomes self-supporting.

There is no set formula for calculating alimony payments. The judge uses several factors, including these, to determine how long alimony should last, how much should be paid and to whom:

Standard of living
Length of marriage
Health
Financial resources
Marriage contributions
Conduct

401(k) and IRA and Divorce in Georgia

Retirement accounts may be impacted by a divorce settlement or judgment. In fact, some of your funds may need to be withdrawn and given to your spouse.

First, the court determines what money in the account is marital property. This is typically any money put into the account during the marriage, along with any investment gains, and it can be split as part of the divorce decision. However, this does not include money contributed before the marriage, which is considered separate property.

Normally, making an early 401(k) withdrawal before age 59.5 typically results in fines and taxes. The judge, however, can issue a Qualified Domestic Relations Order (QDRO) to avoid that.

An IRA doesn’t require a QDRO, but the divorce settlement or decision must include specific language regarding the withdrawal of funds in order for fees and taxes to be waived. The IRA administrator will receive a copy of the divorce decree so they can follow its instructions.

Once the money is removed from the account, there are a few options. The funds can be deposited directly into either spouse’s bank account spouse. While you’ll avoid penalties for early withdrawals, this is considered regular income and taxed as such unless it is a Roth account.

A rollover account can also be set up to reinvest the funds for retirement.

The QDRO or judge’s order may include specific information about the distribution of marital funds.

Divorce and Estate Planning in Georgia

If you and your spouse had a family estate plan during your marriage, it is important to revisit it after a divorce. If you now want assets to pass to your children instead of your ex-spouse, you may need to set up a trust. Be sure to also check the beneficiary for all financial accounts, including your retirement and bank accounts.

Lastly, if you and your spouse have a plan for your children’s care if you both die, you should check in to ensure the plan still works for everyone.

Waiting Periods, Timelines and Court Requirements in Georgia Divorces

Georgia law imposes a mandatory waiting period before a divorce can be finalized.

After the defendant is formally served with divorce papers, the court must wait at least 31 days before issuing a final decree, even if the divorce is uncontested and all terms are agreed upon. This waiting period applies statewide and cannot be waived; therefore, no divorce in Georgia can be finalized immediately after filing.

The overall timeline depends largely on whether the divorce is uncontested or contested.

Uncontested divorces. Uncontested divorces occur when both spouses agree on property division, support and custody. They often conclude shortly after the waiting period ends.
Contested divorces. Contested divorces typically take much longer due to discovery, negotiations, mediation and, if necessary, trial scheduling. In these cases, the process can extend for many months or longer, depending on complexity and court availability.

Courts may issue temporary orders while the divorce is pending. These orders can address several issues.

Child custody
Child support
Spousal support
Use of marital property
Restrictions on transferring assets

Temporary orders remain in effect until the divorce is finalized or replaced by permanent terms in the final decree. Either way, this phase can significantly affect day-to-day finances during the divorce process.

Georgia courts may also require mediation in contested cases before allowing the matter to proceed to trial. Mediation provides an opportunity for spouses to resolve disputes outside the courtroom, often reducing time and legal costs. If mediation fails, the case moves forward to trial, where a judge makes binding decisions.

Understanding these procedural steps helps set expectations around timing and financial obligations, as well as court involvement.

Bottom Line

There are both no-fault and fault divorces available in Georgia. A divorce can be uncontested, in which case the two parties reach an agreement. If not, the divorce will be contested, and the two parties will try to come to a settlement or allow a judge to make a judgment.

Financial Planning Tips

People of all marital statuses need to take care of their own finances. Getting help from a financial advisor can be hugely beneficial. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
When writing a will, don’t forget to name someone to take care of your children. You hope it never comes to that, but you’ll likely sleep better if you have a plan anyway.