How To File For Divorce

How To File For Divorce

The divorce process in Georgia begins with filing. There is no specific document for filing a Georgia divorce; instead, the filing party should write a detailed Complaint that includes the following information:

  • A description of the current living conditions.
  • Any information about arrangements that have been made for minor children.
  • A financial overview that briefly outlines shared assets and/or debts.
  • A description of the specific, major problem(s) contributing to the marriage’s breakdown.

Georgia’s court system wants a basic description rather than a complete list of problems and issues, so you will want to try to provide clear, concise information. There is no need to determine how much money is needed for alimony and/or child support, nor does the Complaint need to list every problem in detail. A lawyer can be very helpful in determining what should be included in the Complaint and what should be left out. After the Complaint has been written, it should be filed at the Superior Court in the county where your spouse resides unless he/she has left the state, in which case the Complaint should be filed at the Superior Court located in your county.

In order to obtain a divorce in Georgia, the party who is filing for divorce must have state residency for at least six months. The other party does not have to be a resident of the state. 

If one spouse can prove that the other has been unfaithful, he or she may file for divorce immediately so long as the residency requirement is met.