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United States · State guide

Divorce inGeorgia.

Family law is state law. Here is how it works in Georgia: the property rules, support, how to file, what it costs, who enforces it, and every FairWell guide and tool set up for Georgia.

Official source: georgiacourts.gov

¿Prefiere leer en español? Tenemos una guía práctica de separación y divorcio en Estados Unidos. Leer la guía

Property division

Equitable distribution state: marital property is divided fairly, which usually means roughly equally but the court can adjust based on statutory factors; separate property stays with the owner.

Residency and waiting period

Court: Superior Court

Generally: 6 months residency; 31-day waiting period after service. Exceptions apply; check the official source for current rules.

Child support

Income shares model. A child of 14 may elect the custodial parent, subject to the court's best-interests review.

Retirement accounts

Workplace retirement plans are divided by a Qualified Domestic Relations Order (QDRO) prepared after the decree; IRAs are divided by the decree itself. A former spouse married ten years or more may claim Social Security on the ex's record.

Enforcement

Child support is enforced by Georgia Division of Child Support Services under the federal Title IV-D program: income withholding, tax refund intercepts, license suspension and passport denial for arrears.

Health insurance

Divorce ends a former spouse's eligibility on an employer plan. COBRA continuation is available for up to 36 months at full cost; the ACA marketplace opens a special enrollment period.

Official guidelines and tools

The government and court sources for child support, spousal support, the family law statute and self-help. Use these to check any estimate, including ours.

Common questions

How is property divided in a Georgia divorce?

Equitable distribution state: marital property is divided fairly, which usually means roughly equally but the court can adjust based on statutory factors; separate property stays with the owner.

How do I file for divorce in Georgia?

Generally: 6 months residency; 31-day waiting period after service. Exceptions apply; check the official source for current rules. File in the Superior Court.

When does child support end in Georgia?

Child support usually ends at 18, but can continue to 20 or high school graduation, whichever comes first, for an unmarried full-time student. Support can also continue for a child with a disability if requested before 18; college support applies only if it is written into the order or agreement.

Check the official source

What happens to property when unmarried couples separate in Georgia?

Georgia abolished common-law marriage for relationships starting after January 1, 1997, though valid common-law marriages formed before then are still recognized. Otherwise, unmarried partners are not covered by divorce property rules, and property generally belongs to whoever holds title, subject to any agreement between you.

Check the official source

How long do you need to live in Georgia to file for divorce?

You or your spouse must have lived in Georgia for at least the past six months before filing. Divorce is filed in the Superior Court, usually in the county where the other spouse lives.

Check the official source

Official help: Georgia Courts Self-Help Resources. Rules change, so confirm with a family lawyer in Georgia before you rely on them.

Georgia

Get organized in Georgia

Guided questions for separation agreements, parenting plans and financial disclosure, linked to the official sources on this page and organized into a plain-language summary for a local family lawyer, who prepares the agreement and advises you.

See pricingFind a Georgia professional

This page is legal information, not legal advice. It summarizes how the process works in Georgia so you can plan; the official sources above are where current fees, forms and deadlines live, and they are the final word if anything here differs. When you're ready, the assessment and FairWell's guided questions link to the rules for Georgia; a local lawyer prepares any agreement and advises you before you sign.