Prepare your documents for Divorce in Georgia

This website helps prepare the forms required for Divorce in Georgia

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine which Divorce related legal option best fits your situation.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a family law advocate or legal professional to get guidance on divorce-related matters in Georgia. If you’re going through a divorce, an advocate can help you understand your legal rights and responsibilities, review your court forms and documents, discuss your specific situation, and assist you in developing a plan for financial and personal stability during and after the divorce process.

4. File with the Clerk

You can formally begin the divorce process in Georgia by filing a completed Petition for Divorce with the Clerk of the Superior Court in the county where you or your spouse lives. You may file in person, by mail, or electronically if your county offers online filing. You must include the required filing fee or submit a request for a fee waiver if you cannot afford it. Once accepted, the Clerk will open your case, record it in the court’s system, and assign a case number for all future filings.

Process

Step 1

You: Take Online Screening

Begin your divorce filing process by taking the screening on LegalAtoms. Simply enter your ZIP code in the top right corner of the homepage, then answer a few simple questions about your marriage, residency, property, and any children involved. This screening helps confirm whether filing for divorce in Georgia is appropriate for your situation and identifies the specific forms and steps required. Based on your answers, LegalAtoms customizes the process to match your county’s local court rules. Before starting, gather important information such as your marriage date, spouse’s details, property records, and information about children (if applicable).

Step 2

You: Gather Personal Information and Prepare the Original Petition for Divorce

Start your Georgia divorce filing process on LegalAtoms by completing the online screening and guided questionnaire. Enter your ZIP code and answer simple questions about your marriage, residency, property, and any children involved. Based on your answers, LegalAtoms will prepare your Petition for Divorce and all required Georgia Superior Court forms according to your county’s local rules.

Before you begin, gather important details such as:

Your full legal name and residence address
Your spouse’s full legal name and residence address
The date and place of your marriage
Information about any children of the marriage (names, birthdates, and addresses)
A list of marital property, debts, and any separate property claims

Once your forms are ready, LegalAtoms will guide you through filing them with the Clerk of the Superior Court in your county—either in person, by mail, or online if available. After submission, the Clerk will assign a case number and officially open your divorce case.

Step 3

You: Wait for the Clerk to Process Your Divorce Petition

After submitting your completed Petition for Divorce to the Clerk of the Superior Court in Georgia, you must wait for the Clerk’s office to process and officially record it in the court’s system. Processing times vary by county but are typically completed within a few business days.

Once accepted, your divorce case will be formally opened and assigned a case number, which you’ll need for all future filings and court correspondence. You may request plain or certified copies of the filed petition for your records, as some agencies or institutions may require them.

If your filing is rejected because of missing information, incomplete forms, or unpaid fees, you’ll need to correct the issues and resubmit the petition before your divorce case can proceed.

Step 4

You: Create Your Divorce Case on LegalAtoms

Log in to your LegalAtoms account, or create one if you don’t already have an account. From your dashboard, click “Start New Case” and select Divorce (Georgia) as the case type. The platform will guide you step-by-step through entering all required information, including:

Your full legal name and residence address
Your spouse’s full legal name and residence address
The date and place of your marriage
Information about any children of the marriage (names, birthdates, and addresses)
A list of marital assets, debts, and any separate property claims

You can also upload supporting documents such as your marriage certificate, property records, or child-related documents. LegalAtoms helps ensure your petition is complete, accurate, and in compliance with your county’s local Superior Court requirements before you file it with the Clerk of the Superior Court (either in person, by mail, or electronically if available).

Step 5

You: Receive Your Filed Petition and Certified Copies

Once your Petition for Divorce is accepted by the Clerk of the Superior Court in Georgia, it will be officially filed and entered into the court’s records. You can then request a certified copy of the filed petition, which serves as official proof that your divorce case has been opened.

Using Your Certified Petition:
A certified copy may be required to:

Serve your spouse with official notice of the divorce
Provide proof of a pending case to employers, government agencies, or financial institutions
Submit with other court filings related to your divorce

Certified copies can be requested from the Clerk’s office at the time of filing or later if needed. It’s strongly recommended to keep at least one certified copy for your records, as plain photocopies may not be accepted for official or legal purposes.

Step 6

Wait for the Clerk’s Confirmation

After submitting your Petition for Divorce, you must wait for the Clerk of the Superior Court in Georgia to officially record your filing and assign a case number. Processing times vary by county but are typically completed within a few business days.

During this waiting period, check your LegalAtoms dashboard and watch for any updates or notifications from the Clerk’s office. Once your petition is recorded, the Clerk will return the filed copy and make certified copies available upon request.

If your filing is complete and accurate, it will be accepted without issue. However, if any required information or signatures are missing, the Clerk may reject the filing. You’ll need to correct and resubmit the petition before your Georgia divorce case can proceed.

Step 7

Receive Your Filed Divorce Petition and Begin the Process

Once the Clerk of the Superior Court records your Petition for Divorce, your case becomes official, and the divorce process formally begins in Georgia. LegalAtoms will guide you through requesting certified copies of your petition, which may be needed for important steps such as:

Serving your spouse with official notice of the divorce
Providing proof of your pending case to employers, agencies, or financial institutions
Filing additional court documents as your case progresses

If your filing is rejected, LegalAtoms will help you identify the issue — such as missing signatures, incomplete information, or incorrect fees — so you can correct and resubmit it quickly.

Once your case is active in the Georgia court system, you must complete all required steps, including properly serving your spouse and obtaining a Final Judgment and Decree of Divorce, before your marriage is legally dissolved. Georgia law requires a minimum 30-day waiting period from the date your spouse is served (or signs an acknowledgment of service) before the court can finalize the divorce.

Step 8

Finalize and Maintain Your Divorce Decree

Once your divorce is finalized, the court will issue a Final Judgment and Decree of Divorce, which officially ends your marriage and sets out the terms for property division, debts, alimony, child custody, child support, and any other applicable matters. This decree is legally binding and must be followed by both parties.

LegalAtoms will notify you when your decree is ready and guide you through requesting certified copies. These certified copies may be required for tasks such as:

Updating your name on identification or legal documents
Adjusting property titles, financial accounts, or insurance policies
Providing proof of divorce to government agencies or employers

If your decree includes ongoing obligations, such as child support, visitation schedules, or alimony, you must comply with those terms. Failure to do so may lead to enforcement actions or legal penalties.

By keeping certified copies of your Final Judgment and Decree of Divorce and following its terms, you protect your legal rights and ensure your divorce remains valid and enforceable under Georgia law.

FAQs

What is an Divorce?

What Are Valid Reasons for Divorce in Georgia?

In Georgia, the law allows both no-fault and fault-based grounds for divorce. You do not have to prove wrongdoing if you file under a no-fault reason, but fault-based grounds may affect property division, alimony, or custody decisions.

No-Fault Ground:

Irretrievable Breakdown of the Marriage – This means the marriage is beyond repair and there is no reasonable chance of reconciliation. This is the most common ground for divorce in Georgia.

Fault-Based Grounds:

Adultery
Desertion for at least one year
Cruel treatment (including physical or emotional abuse)
Habitual intoxication or drug addiction
Conviction of a crime involving moral turpitude with a sentence of two years or more
Mental incapacity at the time of marriage
Impotence at the time of marriage
Force, fraud, or duress in obtaining the marriage
Incurable mental illness

Most Georgia divorces are filed under the no-fault ground of irretrievable breakdown, as it generally simplifies the process and avoids proving misconduct in court.

What Is the Divorce Process in Georgia?

File the Petition
One spouse (the petitioner) begins the process by filing a Petition for Divorce with the Clerk of the Superior Court in the county where either spouse lives. The petition includes basic details about the marriage and what the petitioner is asking for, such as property division, alimony, or child custody arrangements.
Serve the Spouse
The other spouse (the respondent) must be formally served with the divorce papers by the county sheriff, a certified process server, or another authorized person — unless they sign an Acknowledgment of Service, confirming receipt of the documents.
Respond
The respondent generally has 30 days from the date of service to file an Answer or Counterclaim with the court. Failure to respond may allow the case to proceed as a default divorce.
Financial Disclosure
Both spouses must exchange financial information, including details about income, assets, debts, and expenses. This information is used to determine fair division of property, alimony, and child support.
Temporary Orders (if needed)
Either party may request temporary court orders to address immediate issues — such as child custody, visitation, support, alimony, or use of the marital home — while the divorce is pending.
Mediation or Settlement Negotiation
Many Georgia courts encourage or require mediation before trial. In mediation, both spouses work with a neutral third party to reach an agreement on property, custody, and support issues without going to court.
Trial (if no agreement)
If the spouses cannot agree on one or more issues, the case goes to trial, where a judge (and sometimes a jury) will make the final decisions on contested matters.
Final Judgment and Decree of Divorce
Once the parties reach an agreement or the court issues a ruling after trial, the judge signs a Final Judgment and Decree of Divorce. This legally ends the marriage and outlines all terms regarding property division, debts, alimony, child custody, and support.

How long does the Divorce process take?

In Georgia, there is a mandatory 30-day waiting period after your spouse is served (or signs an Acknowledgment of Service) before the court can issue a final divorce decree. However, the total time it takes to finalize a divorce depends on whether the case is uncontested or contested.

Uncontested divorce (both spouses agree on all terms):
These cases can often be finalized in as little as 30 to 60 days, depending on the county and how quickly the parties complete the required paperwork and any hearings are scheduled.

Contested divorce (disagreements over property, custody, or support):
These cases can take several months to more than a year, depending on the complexity of the issues, the discovery process, mediation, and the court’s docket schedule.

What happens if my filing is rejected?

If your divorce filing is rejected in Georgia, it usually means there was an error or missing requirement in your paperwork. Common reasons include:

Missing information (such as spouse details, marriage date, or residency)
Incomplete or incorrect forms
Missing signatures or notarization
Unpaid or incorrect filing fee
Filing in the wrong county or Superior Court

If this happens, the Clerk of the Superior Court will notify you of the issue. You’ll need to correct the mistake and resubmit your petition before your divorce case can officially move forward in the Georgia court system.

When will I hear back about my filing?

In Georgia, once you file your Petition for Divorce with the Clerk of the Superior Court, you’ll typically receive a response within a few business days. The Clerk will:

Review your petition to ensure it’s complete and the filing fee has been paid (or a fee waiver submitted).
Assign a case number once the filing is accepted.
Notify you — usually by mail, email, or through the court’s online records system — when your filing has been officially recorded.

If you filed through a platform like LegalAtoms, you’ll also receive updates in your dashboard as soon as the Clerk processes your petition.

Are there fees associated with filing an Divorce?

Yes. In Georgia, there are fees associated with filing for divorce:

Filing Fee: Typically between $200–$250, depending on the county.
Service of Process Fee: Usually $50–$75 if the sheriff or a certified process server delivers the divorce papers to your spouse.
Other Possible Costs: Fees for certified copies, mediation, or additional court motions.

If you cannot afford the filing fees, you may submit a Poverty Affidavit or Affidavit of Indigence to request a fee waiver from the Clerk of the Superior Court.

Where can I get help with Divorce issues?

If you need help with divorce issues in Georgia, you have several options. Free or low-cost assistance is available through legal aid organizations such as:

Georgia Legal Services Program (GLSP)
Atlanta Legal Aid Society
Georgia Volunteer Lawyers Foundation (GVLF)
Georgia Legal Aid (GeorgiaLegalAid.org)

You can also visit GeorgiaLegalAid.org to find local legal aid offices, family court self-help centers, and other free resources that provide guidance on divorce and family law matters in Georgia.

Court Forms Created This website guides you through all the topics required to complete your Divorce documents and file your case.

Core Forms

Petition For Divorce Without Minor Children
Settlement Agreement without Children
Verification
Domestic Relations Case Fling Form