How Do I Get a Divorce in Georgia?

Ending a marriage is never an easy decision. Whether you’ve been married for decades or just a few years, the process can feel overwhelming, especially when your family, finances, and future are on the line. One of the most common questions we hear from clients is, “How do I get a divorce in Georgia?”

At Lunn Law LLC, we help good people protect what matters most, and that starts with providing information about how the divorce process works in Georgia.

Understanding Divorce in Georgia

Divorce laws vary from state to state. In Georgia, you can file for divorce on both “fault” and “no-fault” grounds. A no-fault divorce means you and your spouse agree that the marriage is “irretrievably broken,” or due to irreconcilable differences, without blaming either party. This is the most common path because it simplifies the process and avoids unnecessary conflict.

However, Georgia also allows for fault-based divorces on grounds such as adultery, cruelty, desertion, or habitual intoxication. These claims can influence key aspects of your case, including alimony and division of marital property.

Georgia does not recognize common law marriage, which means couples must be legally married to seek a divorce under Georgia law. If you were in a long-term relationship that wasn’t legally formalized, you may have limited legal rights regarding property and support.

Step 1: Meet Georgia’s Residency Requirements

Before filing, you or your spouse must have lived in Georgia for at least six months. You’ll typically file in the Superior Court of the county where your spouse resides, though there are exceptions if they live out of state or you’ve recently separated. The Georgia courts will need jurisdiction over your case before filing your divorce.

Step 2: File the Divorce Petition

The divorce process begins when one spouse files a Petition for Divorce with the Clerk of the Superior Court. This legal document outlines what you request from the court, such as custody arrangements, property division, child support, or alimony.

Once the petition is filed, your spouse must be officially served with the papers, allowing them to respond. If your spouse agrees to the terms, the divorce may proceed more quickly as an uncontested divorce. If there are disagreements then additional steps, such as mediation or a court hearing, may be necessary.

At Lunn Law LLC, we set realistic expectations from the start. Divorce can be complex, especially when emotions are high or significant assets are at stake. Our attorneys guide clients through each phase, helping them understand what’s required and recognize the possible outcomes.

Step 3: Exchange of Financial Information (Discovery)

One of the most essential parts of a Georgia divorce is financial disclosure. During this stage, both spouses exchange information about their finances. This process, known as discovery, is designed to bring everything to light so that the division of assets is fair to both sides. It also helps lay the foundation for a fair settlement agreement that outlines how property and financial matters will be handled moving forward.

Step 4: Negotiation, Mediation, or Trial

Most divorces in Georgia are resolved through negotiation or mediation, where both sides work toward a mutual agreement. Mediation allows couples to maintain some control over their case resolutions rather than leaving decisions entirely to a judge.

If an agreement can’t be reached, your case will proceed to trial, where the judge will decide on issues such as child custody, property division, and alimony. Trials can be lengthy and emotionally taxing, but sometimes they are necessary to pursue a fair resolution — especially in high-conflict divorces.

A well-crafted divorce settlement agreement can save you time, stress, and expense by clearly outlining the terms both parties must follow after the divorce. Our Fayetteville divorce lawyers take a compassionate yet strategic approach, balancing empathy with a clear-eyed understanding of the law.

Step 5: Finalizing the Divorce

Once all matters are resolved, the judge will issue a Final Judgment and Decree of Divorce, sometimes referred to as a divorce decree. This document officially ends your marriage and outlines the terms you must follow moving forward, such as parenting schedules, property division, and support obligations.

Even after they finalize the decree, life circumstances can change. If you need to modify custody, alimony, or other aspects of your divorce later, our attorneys can help make sure any updates comply with Georgia law and protect your best interests.

Common Questions About Getting a Divorce in Georgia

Q: How long does it take to get a divorce?
A: You can finalize an uncontested divorce in as little as 31 days after filing, in some counties. However, contested cases may take several months (or longer), depending on the complexity of the issues and the court’s schedule.

Q: Do I have to go to court?
A: If both parties agree on all terms, you can finalize your divorce without a court appearance. Contested divorces that do not settle during the process require a hearing or trial because the judge will need to hear from witnesses and review the evidence to make a ruling.

Q: Will I have to pay alimony?
A: Alimony in Georgia is determined based on several factors, including the length of the marriage, each spouse’s income, the requesting party’s need and the breadwinner’s ability to pay, and the reason for the divorce. Your attorney can help assess whether alimony is likely to apply in your case.

We Help Good People Protect What Matters Most

Divorce is not just a legal process—it’s an emotional journey. You need a Georgia divorce attorney who understands both. At Lunn Law LLC, we combine compassion with practical guidance to help you and your family move forward with confidence.

We don’t take every case—we take the right cases. Our team works with good people ready to take the next step toward a better future. Call us today at (770) 740-6350 or complete our confidential online form to book your case assessment with a member of our intake team.

Copyright © 2025. Lunn Law LLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Lunn Law LLC
110 Habersham Drive, Suite 106
Fayetteville, GA 30214
(770) 740-6350
https://www.lunnlaw.com