Attorney Ned Ogueri
Georgia Divorce FAQ
Answers to common Georgia divorce questions from Attorney Ned Ogueri of Zeribe Law Offices in Norcross, written for spouses in Gwinnett County and across metro Atlanta. Every case is different, so use these answers as general guidance.
How long must I live in Georgia before filing?
The person filing generally must have been a bona fide Georgia resident for at least six months before filing, under O.C.G.A. § 19-5-2. Exceptions can apply, for example when a nonresident files against a spouse who meets the residency requirement.
What are the grounds for divorce in Georgia?
Georgia recognizes several fault grounds and one no-fault ground: that the marriage is irretrievably broken. Most divorces proceed on the no-fault ground.
What is an uncontested divorce?
A divorce in which the spouses agree on every issue, including property, debts, alimony and, if there are children, custody, parenting time and child support.
How long does an uncontested divorce take in Georgia?
With the spouses’ written consent, a final decree may be granted 31 days after service or after the defendant acknowledges service. Other timelines apply in unanswered cases and cases served by publication. Final dates depend on the court.
Where do I file?
Usually in the county where the defendant spouse lives. Different rules apply when the defendant lives outside Georgia or when venue is properly waived.
What if I cannot find my spouse?
Service by publication may be allowed after a diligent search and court approval. Publication alone may not allow the court to order alimony or child support.
Do I have to go to court?
It depends on the judge. Some judges grant uncontested divorces on written evidence; others require a short hearing.
When is my divorce final?
When the judge signs the final judgment and decree and it is filed with the clerk of court.
Can I restore my prior name?
Yes. The final decree can restore a prior or maiden name. See Georgia name changes.
Can I get an annulment instead?
Only if the marriage is legally void or voidable and the statutory requirements are met. A short marriage is not enough, and Georgia does not allow annulment where children have been born or are to be born of the marriage.
What should I bring to my first consultation?
- Any divorce papers already filed or served
- Existing court orders or agreements
- Information about income, property, debts and children
Related guides: Georgia child support | Georgia alimony | Georgia divorce mediation.
Learn more about Gwinnett County divorce and family law lawyer, or call (770) 840-9098 to request a consultation with Attorney Ned Ogueri.
This page provides general information about Georgia law. It is not legal advice for your situation, and contacting the office does not create an attorney-client relationship.