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Filing for divorce in Georgia

Each state has its own requirements for filing for divorce. These requirements often relate to residency, waiting periods, and grounds for divorce. If you are getting divorced in Georgia, it is important that you adhere to these requirements.


If you are filing for divorce, either you or your spouse must have been a resident of Georgia for at least six months prior to filing. You must file your complaint in the court where you or your spouse resides.

Waiting period

Courts are aware that couples may change their minds about going through with the divorce even after filing the initial paperwork. That is why many states will not grant your divorce until you have waited the requisite amount of time. In Georgia, a couple must file for divorce and then wait 30 days before it can be finalized.

Grounds for divorce

In 2024, all 50 states allow for no-fault divorce, but some states, including Georgia, also allow for fault-based divorce. No-fault divorce essentially means that you do not have to cite a specific reason for the divorce or blame either party for the divorce. You will simply have to claim that there was an “irretrievable breakdown of the marriage.” In other words, a no-fault divorce allows you claim that the reason for your divorce is that you and your spouse are no longer able to get along.

However, if you choose to file a fault-based divorce, you may cite to one or more of the 12 possible grounds for divorce (not including irretrievable breakdown of the marriage). Some of the grounds for divorce available in Georgia, include:

  • Adultery
  • Cruelty
  • Impotence
  • Desertion

Filing a fault-based divorce is generally more complicated than filing for a no-fault divorce, as it can be difficult to collect the evidence necessary to establish the grounds.