How to File for Divorce in Georgia

The person filing must have been a good-faith (bona fide) resident of Georgia for 6 months before filing. A nonresident may file in the county where the other spouse lives if that spouse has lived in Georgia, and in that county, for 6 months. A person who has lived on a U.S. military post in Georgia for 1 year may file in a county next to the post.

By state law, the superior court clerk's base fee for a civil case, including a divorce, is $58 for services through judgment. Other laws add fees, so the total charged varies by county. Sheriff's service fees are separate. A person who cannot pay because of indigence may file an affidavit (pauper's affidavit) instead of paying.

Georgia has no separate simplified divorce procedure, but uncontested divorces are handled more quickly. With the written consent of both spouses, a divorce may be granted any time 31 days after service or acknowledgment of service. If the other spouse does not answer, a divorce may be granted 46 days after service.

A divorce on the no-fault ground cannot be granted until at least 30 days after the other spouse is served. Under court rules, an agreed (uncontested) divorce may be granted 31 days after service or acknowledgment of service; an unanswered case 46 days after service; and a case served by publication 61 days after first publication.

Georgia's Judicial Council/Administrative Office of the Courts advises checking the website of the county Superior Court where you will file for its divorce forms packet; if the county has no self-help forms, it points to the Southern Judicial Circuit's all-purpose self-help forms. Its checklist of divorce forms includes the Divorce Complaint and Verification, Case Filing Form, General Civil Domestic Disposition Form, Domestic Relations Financial Affidavit, Summons and Sheriff's Service form, Acknowledgment of Service, Settlement Agreement, and Final Judgment and Decree of Divorce; divorces with children also need Child Support Worksheets (from the state's online child support calculator), a Parenting Plan and a Divorcing Parents Seminar certificate. An Affidavit of Poverty asks to waive fees.