Taking the First Steps to File for Divorce in Georgia

• John Tasch
• Feb 21, 2025

Divorce is a significant life decision that often comes with emotional and logistical challenges. If you're considering filing for divorce in Georgia, understanding the initial steps can make the process more manageable. Here's a straightforward guide to help you get started.

Step 1: Understand Residency Requirements

Before filing for divorce in Georgia, you or your spouse must meet the state's residency requirements. At least one of you must have lived in Georgia for 90 days prior to filing. If you have children, they must have lived in Georgia for at least six months for the court to address custody and support matters.

Step 2: Determine the Grounds for Divorce

Georgia is a no-fault divorce state, meaning the only grounds for divorce are "irreconcilable differences." This eliminates the need to prove fault, such as adultery or cruelty, simplifying the process and reducing conflict. If you and your spouse agree that the marriage is irretrievably broken, you can file for divorce based on this ground.

Step 3: Gather Essential Documents

Start collecting important financial and personal documents to ensure a smooth process. These may include: Bank statements, Tax returns, Pay stubs, Mortgage or lease agreements, Retirement account information, and Any prenuptial or postnuptial agreements.

Having these documents ready will help you and your attorney understand your financial situation and prepare for negotiations or court proceedings.

Step 4: Consult an Attorney

While it's possible to file for divorce without legal representation, consulting an experienced attorney can provide invaluable guidance. An attorney can help you understand your rights, draft necessary documents, and navigate complex issues like property division, child custody, and spousal support.

Step 5: File the Petition for Dissolution of Marriage

To officially begin the process, you must file a Petition for Dissolution of Marriage with the circuit court in the county where you or your spouse resides. The petition outlines your requests regarding property division, custody, and other matters. Once filed, the petition must be served to your spouse, usually through a sheriff's deputy or a private process server.