Georgia Family Laws

Filing fees for divorce vary by county, typically $200–$250.

The petitioner must have been a bona fide Georgia resident for at least 6 months before filing.

30 days from date of service before a final hearing can be held. An uncontested divorce can be granted 31 days after filing if the other party has been served and consents.

Courts determine custody based on the best interests of the child, considering 17 statutory factors. No presumption favors either parent. Children age 14+ may elect which parent to live with (subject to court approval); children age 11–14 may express a preference.

Courts divide marital property equitably based on factors including length of marriage, each spouse's financial circumstances, contributions to marital property, and future needs. Separate property (owned before marriage, inherited, or gifted) generally remains separate.

Alimony is authorized but not mandatory, based on the needs of the requesting party and the other party's ability to pay. A party whose adultery or desertion caused the separation is barred from receiving alimony.

Georgia uses an income shares model considering both parents' gross incomes. A mandatory formula-based parenting time adjustment took effect January 1, 2026. Support continues until age 18 (or 20 if still in high school).

Protective orders are available for victims of family violence. The court may grant temporary ex parte orders and, after a hearing, enter orders for up to 12 months (renewable). Orders may include exclusive possession of the residence and temporary custody.