Georgia Divorce Laws: What to Know About Custody, Support, and Property
Understand how Georgia's divorce laws shape outcomes in family structure, financial responsibilities, and legal processes.
Ending a marriage in Georgia involves navigating a legal process that addresses finances, living arrangements, and parenting. Understanding the state’s approach to property division, spousal support, and child custody is crucial for anyone facing divorce.
Georgia’s laws provide a framework for resolving these key issues, aiming to establish fair outcomes as individuals transition to life after marriage.
Residency Requirements
To file for divorce in Georgia, at least one spouse must meet specific residency requirements, which give the state’s Superior Courts the authority to handle the case.
Primarily, Georgia law requires that one spouse must have lived in the state continuously for at least six months immediately before filing the divorce petition.1Justia Law. Georgia Code § 19-5-2 – Residence Requirements; Venue This means establishing Georgia as a primary, intended home, not just a temporary location. This six-month rule ensures the state has a valid connection to the marriage. If the person filing (the plaintiff) meets this requirement, they can file in their county of residence, even if the other spouse (the defendant) lives elsewhere. Alternatively, if the plaintiff is not a Georgia resident but the defendant has lived in Georgia for at least six months, the plaintiff can file in the defendant’s county. Military personnel stationed in Georgia for at least one year can file in an adjacent county.
Grounds for Divorce
Georgia requires a legal reason, or ground, for granting a divorce. State law provides thirteen grounds.2Justia Law. Georgia Code § 19-5-3 – Grounds for Total Divorce
The most common ground is that the marriage is “irretrievably broken,” often called the “no-fault” option. This simply requires stating that the marriage cannot be saved and there’s no chance of reconciliation. Even with this ground, a divorce cannot be finalized until at least 30 days after the other spouse is formally notified.
Georgia also recognizes twelve “fault-based” grounds, which require proving specific misconduct or circumstances. These include:
Marriage between close relatives.
Mental incapacity at the time of marriage.
Impotency at the time of marriage.
Marriage obtained through force, threat, or fraud.
Pregnancy of the wife by another man at the time of marriage, unknown to the husband.
Adultery by either spouse after marriage.
Willful desertion by one spouse for at least one year.
Conviction for a crime involving moral turpitude with a prison sentence of two years or more.
Habitual intoxication (alcoholism).
Cruel treatment causing reasonable fear for one’s safety or health.
Incurable mental illness, requiring specific proof and conditions.
Habitual drug addiction.
A person can claim multiple grounds if applicable. While the “irretrievably broken” ground is simpler, alleging a fault-based ground requires presenting supporting evidence to the court.
Division of Marital Assets
When a marriage ends in Georgia, property and debts acquired during the marriage must be divided fairly, though not necessarily equally. This principle is known as “equitable distribution.” Courts first distinguish between marital property, which is subject to division, and separate property, which is not.
Marital property generally includes assets and debts acquired from the wedding date until the final divorce decree, regardless of whose name is on the title. Common examples are the family home, cars, bank accounts, investments, retirement funds earned during the marriage, and businesses started together. Gifts between spouses using marital funds are usually considered marital property.
Separate property belongs solely to one spouse and is not divided. This includes anything owned before the marriage, gifts received by one spouse from a third party during the marriage, and inheritances received by one spouse. Personal injury settlements might also qualify. Separate property generally remains separate unless actions are taken to mix it with marital property or marital funds are used to increase its value.
To determine a fair division, judges consider the unique circumstances of each case. Factors include the marriage duration, each spouse’s age, health, occupation, income, earning potential, and future needs. The court also assesses each party’s contributions to acquiring and maintaining marital property, including non-financial contributions like homemaking and childcare. The conduct of the parties, especially if one spouse wasted marital assets, and the amount of separate property each spouse owns can also influence the decision.
The process involves identifying, classifying, and valuing marital property before distributing it equitably. For complex assets, like a pre-marital home improved with marital funds or retirement benefits accrued during the marriage, specific rules apply to determine the divisible portion. Couples can agree on property division in a settlement agreement; otherwise, the court decides based on the evidence and relevant factors.
Spousal Maintenance
Financial support paid by one spouse to the other after divorce is known as alimony or spousal maintenance in Georgia. It is not automatically granted but awarded based on one spouse’s demonstrated need and the other’s ability to pay.
Georgia courts have the authority to award alimony but are not required to do so. The decision depends on factors outlined in state law, including the standard of living during the marriage, how long the marriage lasted, and the age and health of both spouses.3Justia Law. Georgia Code § 19-6-5 – Factors in Determining Amount of Alimony The court also evaluates each spouse’s financial resources, earning capacity, and debts.
Other considerations include the time needed for the spouse seeking support to obtain education or training for employment and each spouse’s contributions to the marriage, including homemaking, childcare, and supporting the other’s career. The court can weigh any other factors it deems fair. There is no set formula; these factors guide the judge’s discretion regarding whether to award alimony, and if so, the amount and duration.
Alimony can take different forms. Temporary alimony may be awarded during the divorce proceedings. Permanent alimony, often awarded after long marriages where one spouse cannot easily become self-supporting, may not last indefinitely; it typically ends if the recipient remarries. Alimony can be paid in periodic installments (like monthly) or as a single lump sum.
Marital conduct can significantly impact alimony. State law bars alimony if the requesting party’s adultery or desertion caused the separation.4Justia Law. Georgia Code § 19-6-1 – Alimony Defined; When Authorized Courts consider the cause of the separation and each party’s conduct when alimony is requested. However, misconduct generally does not determine the amount of alimony, which focuses on need and ability to pay, nor is alimony meant to punish a spouse.
Child Custody and Visitation
Decisions about children in a Georgia divorce prioritize the “best interest of the child.” Judges must focus on the child’s welfare and happiness above all else. Georgia law mandates that courts consider both parents equally, without preference for mothers or fathers or any specific custody arrangement.
To determine a child’s best interests, judges evaluate numerous factors specified in state law. These include the emotional ties between each parent and the child; each parent’s ability to provide love, guidance, education, and necessities; the home environment offered by each parent; the importance of stability; each parent’s mental and physical health; the child’s community and school records; any history of family violence or substance abuse; and each parent’s willingness to support the child’s relationship with the other parent.5Justia Law. Georgia Code § 19-9-3 – Child Custody and Visitation
Georgia law defines two types of custody. Legal custody involves the right to make major decisions about the child’s upbringing (education, non-emergency healthcare, religion). Physical custody refers to where the child primarily lives. Courts can award sole custody (one parent has the rights) or joint custody (parents share rights). Joint legal custody is common, often with one parent designated to have final say if disagreements arise. Joint physical custody aims for the child to spend roughly equal time with both parents.
A detailed Parenting Plan is required in all final custody orders. This plan, submitted jointly by parents or individually if they disagree, must specify where the child will live throughout the year, including holidays and vacations. It also outlines transportation arrangements and how major decisions (legal custody) will be made. The plan must ensure both parents have access to the child’s records and acknowledge the importance of the child maintaining a relationship with both parents.
A child’s preference is considered, especially for older children. Under state law, a child aged 14 or older can choose the parent they wish to live with (physical custody).6FindLaw. Georgia Code § 19-9-3 – Child Custody and Visitation This choice is generally honored unless the chosen parent is found unfit or the arrangement is not in the child’s best interest. Children aged 11 to 13 can express their wishes, which the judge must consider, but the judge makes the final decision based on the overall best interest standard. A child’s custody election does not give them the right to refuse court-ordered visitation with the other parent; visitation schedules remain based on the child’s best interests.
Child Support
Both parents have a continuing legal duty to support their children financially after a divorce. Georgia uses specific child support guidelines, detailed in state law, to determine these obligations, ensuring children receive adequate financial maintenance.7Justia Law. Georgia Code § 19-6-15 – Child Support Guidelines
Georgia employs an “Income Shares Model,” which considers both parents’ incomes. The model aims to ensure children receive the same proportion of parental income they would have if the family remained intact. The process starts by calculating each parent’s monthly gross income from nearly all sources (salaries, bonuses, self-employment earnings, benefits, etc.), before taxes. Certain public assistance benefits are typically excluded.
Adjustments are then made to each parent’s gross income to arrive at their Adjusted Gross Income (AGI). Allowable deductions include half of self-employment taxes and payments for pre-existing child support orders. A credit may be given for supporting other children living in the parent’s home. The parents’ individual AGIs are added together to get the Combined Adjusted Income.
This combined income figure, along with the number of children needing support, is used with a statutory table (the Basic Child Support Obligation table) to find a presumptive amount representing the basic cost of raising the children. This basic amount is divided between the parents based on their percentage share of the combined income.
Additional expenses, primarily the costs of the child’s health insurance premiums and necessary work-related childcare, are added to the basic obligation. These costs are also typically prorated between the parents based on their income shares. The sum of a parent’s share of the basic obligation and their share of these additional expenses yields the “presumptive amount of child support,” which the non-custodial parent generally pays to the custodial parent. An official online calculator is available to assist with these calculations.8Georgia Courts. Georgia Online Child Support Calculator
While the calculated amount is presumed correct, judges can deviate from it if applying the guideline amount would be unfair or inappropriate, and if written findings justify the deviation based on the child’s best interest. Reasons for deviation can include very high or low parental income, costs for additional insurance (dental/vision), significant visitation travel expenses, extraordinary expenses for the child, or adjustments based on the amount of time each parent spends with the child (parenting time deviation). Changes in state law effective in 2026 will make parenting time adjustments a mandatory part of the calculation.
Child support typically continues until the child turns 18. However, if the child is still in high school full-time after turning 18, support continues until graduation or age 20, whichever comes first. Support also ends if the child marries, dies, or becomes legally emancipated. Courts may order support beyond these points for children with disabilities. Child support orders can be modified if there is a substantial change in either parent’s income or the child’s needs. State agencies and courts provide mechanisms for enforcing support payments.
Court Procedure
Georgia courts follow established legal procedures and guidelines when determining child support obligations. State law provides a framework, known as the child support guidelines, which creates a starting point for calculating the amount of support.
This framework, based on the “Income Shares Model,” considers the income of both parents to determine a presumptive support amount. This calculated amount is presumed to be correct, but judges have the discretion to adjust it, upward or downward, if specific circumstances demonstrate that the guideline amount would be unfair or not in the child’s best interest. Any deviation from the guidelines must be justified with written findings explaining the reason for the adjustment. This structured approach aims to ensure consistency and fairness in child support orders across the state.
