Georgia Divorce Laws
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The following is a summary of Georgia's divorce laws. In some cases, the exact text of the statute has been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Georgia Code or ask an attorney how the law might apply to your particular situation.

 

Georgia Residency Laws.
No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition.

-From § 19-5-2 of the Georgia Code

 

Grounds for Divorce in Georgia.
The state of Georgia shall grant a "no-fault" divorce if it finds that the marriage is irretrievably broken.

Georgia also recognizes several fault-based grounds under their statutes. The following is a brief summary of those grounds, and if you are interested in using any of these grounds, it would be in your best interests to consult with an attorney about whether your particular situation warrants filing your divorce based on such grounds, and what type of proof might be needed.

(1) Intermarriage by persons within the prohibited degrees of consanguinity or affinity;
(2) Mental incapacity at the time of the marriage;
(3) Impotency at the time of the marriage;
(4) Force, menace, duress, or fraud in obtaining the marriage;
(5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;
(6) Adultery in either of the parties after marriage;
(7) Willful and continued desertion by either of the parties for the term of one year;
(8) The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;
(9) Habitual intoxication;
(10) Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;
(11) Incurable mental illness;
(12) Habitual drug addiction;

-From § 19-5-3 of the Georgia Code

Waiting Period Before Divorce is Finalized in Georgia.
Under no circumstances shall the court grant a divorce on the ground that the marriage is irretrievably broken until at least 30 days from the date of service on the respondent.

-From § 19-5-3 of the Georgia Code

 

Additional Information.
In all divorce actions, a party may pray in his pleadings for the restoration of a maiden or prior name. If a divorce is granted, the judgment or decree shall specify and restore to the party the name so prayed for in the pleadings.

-From § 19-5-16 of the Georgia Code

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Go to another Georgia Divorce Page:
General Georgia Divorce Laws
Georgia Alimony Laws
Georgia Child Custody Laws
Georgia Child Support Laws
Georgia Divorce Laws and Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Georgia statutes. You can find the full-text version of these and other Georgia divorce statutes online here: Georgia Divorce Laws.