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Can I File for Divorce in Georgia?

What Are the Residency Requirements to File for Divorce in Georgia?
When filing for divorce in Georgia, there are unique residency requirements that people must meet if they wish to terminate their marriage. You must meet these state-specific requirements prior to filing with the Superior Court of your county in Georgia. The Georgia residency requirements are as follows:

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.

The divorce is typically filed with in county in which the filing spouse lives.

(Georgia Code - Sections: 19-5-5)

If you DO NOT meet at least one of the above Georgia residency requirements, you have the following options:

How Do I Prove Residency in Georgia?

The residency is substantiated by the sworn complaint, which is all that most courts require verifying the residency requirement of 6 months. However, cases have been dismissed and even overturned because of improper proof of residency.

In Georgia, you must prove one of three criteria to file for divorce. Georgia must be the proper venue to file for divorce, Georgia must have jurisdiction over the subject matter or jurisdiction over the parties. Proper venue means that the defendant lives in Georgia and then you can file in the state. If the defendant does not live in Georgia, then you must prove to the court that Georgia has jurisdiction over the subject matter (marriage) and you can file. This means that you have lived in Georgia for 6 months and you were married in Georgia. The final criteria would be personal jurisdiction. This means that both spouses agree to the divorce in Georgia and whether or not the defendant lives in Georgia, he or she will sign any paperwork acknowledging or accepting service. However, in any one of these three instances, one spouse must live in Georgia for the 6 months.

A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
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