Quick answer: This page answers the questions Columbus, Georgia and Fort Benning families ask most about divorce, child custody, child support, alimony and military divorce. In short: you need six months of Georgia residency to file (O.C.G.A. § 19-5-2), most local cases are heard in Muscogee County Superior Court in the Chattahoochee Judicial Circuit, and a no-fault divorce cannot be final until 30 days after service (O.C.G.A. § 19-5-3). Written for the Law Offices of Scot Sikes.
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Divorce in Columbus, GA
How long do I have to live in Georgia before I can file for divorce?
At least six months. You or your spouse must have been a Georgia resident for six months before filing. A service member who has lived on a Georgia military post such as Fort Benning for one year may file in a county adjacent to the post (O.C.G.A. § 19-5-2).
Where do I file for divorce in Columbus, GA?
In Superior Court, generally in the county where the other spouse lives. For most Columbus residents that is the Superior Court of Muscogee County, Government Center, 100 10th Street, Columbus, GA 31901. Muscogee is part of the Chattahoochee Judicial Circuit with Chattahoochee, Harris, Marion, Talbot and Taylor counties.
How long does a divorce take in Georgia?
A no-fault divorce cannot be granted until at least 30 days after the other spouse is served (O.C.G.A. § 19-5-3). An uncontested divorce can be finished shortly after that. Contested cases take longer because of discovery, required mediation and court scheduling; many take several months or more.
What are the grounds for divorce in Georgia?
Georgia has 13 grounds. Twelve are fault grounds, including adultery, desertion for one year, cruel treatment and habitual intoxication. The thirteenth is no-fault: the marriage is irretrievably broken (O.C.G.A. § 19-5-3). Most divorces are filed on the no-fault ground.
What is an uncontested divorce?
A divorce where both spouses agree on every issue, including property, debts, alimony, custody and support, and sign a settlement agreement. It still has to wait at least 30 days after service. See our uncontested divorce page.
Can my spouse and I use the same lawyer?
No. A lawyer can represent only one spouse in a divorce. The other spouse may hire a separate lawyer or represent themselves.
Is Georgia a 50/50 property state?
No. Georgia divides marital property equitably, which means fairly, not necessarily equally. Property acquired during the marriage is generally marital; property owned before the marriage or received individually by gift or inheritance is generally separate.
Does adultery affect a Georgia divorce?
It can. Adultery is a fault ground (O.C.G.A. § 19-5-3), and a spouse whose adultery or desertion caused the separation cannot receive alimony (O.C.G.A. § 19-6-1(b)). It can also affect how a judge or jury views property division.
What am I not allowed to do after a divorce is filed?
The Chattahoochee Judicial Circuit’s standing order bars both spouses from harassing each other or the children; selling, hiding or encumbering property outside the ordinary course; canceling or changing insurance or beneficiaries; cutting off household utilities or phones; and removing the children from the circuit or the country without court permission.
Is mediation required in Columbus divorces?
In contested cases, yes. The circuit requires mediation before the final hearing in contested domestic relations cases, with exceptions such as Family Violence Act cases, contempt and child support enforcement. See our mediation page.
Does Georgia have legal separation?
Georgia does not use the term “legal separation,” but a spouse can file for separate maintenance to obtain support, custody and other orders without ending the marriage (O.C.G.A. § 19-6-10). See legal separation in Georgia.
Child Custody and Child Support
How do Georgia judges decide custody?
By the best interests of the child, with no presumption in favor of the mother or the father (O.C.G.A. § 19-9-3). The statute lists factors such as each parent’s bond with the child, home stability, and each parent’s involvement in the child’s life. Every case needs a parenting plan (O.C.G.A. § 19-9-1).
At what age can a child choose which parent to live with in Georgia?
At 14. A child 14 or older may choose the parent he or she wants to live with, and that choice controls unless the judge finds it is not in the child’s best interests. For a child 11 to 13, the judge considers the child’s wishes but decides (O.C.G.A. § 19-9-3).
Is a parenting class required?
Yes, in cases that set or change custody. Each parent must finish a court-approved parenting seminar within 31 days after the defendant is served and file the certificate before the case is finalized (Ex Parte No. 2024-204). Approved providers include The Family Center and Project Rebound in Columbus and an online program.
Can I move out of town with my child?
You must give the other parent written notice at least 30 days before moving, including the new address (O.C.G.A. § 19-9-3(f)). The other parent can ask the court to modify custody. While a case is pending, the standing order bars moving the children out of the circuit without court permission.
Does an unmarried father have rights to his child?
Only after legitimation. A biological father of a child born outside marriage must legitimate the child by court order before he can seek custody or parenting time (O.C.G.A. § 19-7-22).
How is child support calculated in Georgia?
Georgia uses an income shares formula: both parents’ gross incomes are combined, matched to the state’s basic obligation table, and divided by each parent’s share (O.C.G.A. § 19-6-15). Since January 1, 2026, the official calculator applies a Parenting Time Adjustment based on each parent’s yearly parenting days and a Low-Income Adjustment. See our child support page.
When does child support end in Georgia?
Generally at 18. If the child is still in high school at 18, support can continue until graduation or age 20, whichever comes first (O.C.G.A. § 19-6-15). A court cannot require a parent to pay for college unless the parents agreed to it.
Can child support be changed later?
Yes, by court order when there is a substantial change in either parent’s income and financial status or in the child’s needs (O.C.G.A. § 19-6-15). Until a judge signs a new order, the old amount stays due.
Alimony
Will I get alimony in a Georgia divorce?
It depends on need and ability to pay. There is no formula; the judge or jury weighs the length of the marriage, the standard of living, each spouse’s age, health, earnings and resources, and contributions to the marriage (O.C.G.A. § 19-6-5). A spouse whose adultery or desertion caused the separation cannot receive alimony (O.C.G.A. § 19-6-1(b)).
Can alimony be changed after the divorce?
Periodic alimony can be modified for a substantial change in either party’s income and financial status, or if the recipient voluntarily cohabits with someone in a meretricious relationship (O.C.G.A. § 19-6-19). Periodic payments end when the recipient remarries unless the decree says otherwise (O.C.G.A. § 19-6-5(b)).
Military Divorce at Fort Benning
Is it Fort Benning or Fort Moore?
Fort Benning. The post was called Fort Moore from 2023 until March 2025, when the Secretary of Defense restored the name Fort Benning, now honoring Cpl. Fred G. Benning, a World War I Distinguished Service Cross recipient.
Can I file for divorce in Georgia if I’m stationed at Fort Benning?
Yes, if either spouse has lived in Georgia for six months, or if you have lived on the post for one year and file in an adjacent county (O.C.G.A. § 19-5-2). Your legal residence for taxes or voting may be another state; that does not by itself prevent a Georgia divorce.
Does my spouse automatically get half of my military retirement?
No. Under the USFSPA (10 U.S.C. § 1408), a Georgia court may divide disposable military retired pay as marital property, but the share depends on the length of the marriage during service and the court’s equitable division. DFAS will not pay a former spouse more than 50% of disposable retired pay under a property division order.
What is the 10/10 rule?
It controls only payment, not division. If the marriage overlapped at least 10 years of creditable service, DFAS can pay the former spouse’s share directly (10 U.S.C. § 1408(d)(2)). Otherwise the court can still divide the pension, but the service member pays the former spouse.
What is the frozen benefit rule?
For divorces entered after December 23, 2016, while the member is not yet retired, the divisible retired pay is based on the member’s rank and years of service at the date of divorce, plus later cost-of-living increases (10 U.S.C. § 1408(a)(4)(B)).
Can VA disability be divided in a divorce?
No. VA disability compensation cannot be divided as marital property, and in Howell v. Howell (2017) the U.S. Supreme Court held a court cannot order a veteran to reimburse a former spouse for retired pay waived to receive disability. Disability pay can still count as income for support.
Can a deployed service member delay the divorce?
Yes. Under the Servicemembers Civil Relief Act, an active-duty member who shows that military duties materially affect the ability to appear can request a stay of at least 90 days (50 U.S.C. § 3932).
Does a soldier have to pay support before there is a court order?
Yes. Army Regulation 608-99 requires soldiers to provide interim financial support to family members when there is no court order or written agreement. Commanders enforce it, and parts of it are punitive under the UCMJ.
How does deployment affect custody?
Georgia parenting plans for military families must address deployment, including contact with the deployed parent and whether that parent’s time can be delegated to family members (O.C.G.A. § 19-9-1). A court generally cannot enter a final order changing an existing parenting plan until 90 days after deployment ends unless the deployed parent agrees (O.C.G.A. § 19-9-3).
My spouse lives across the river in Phenix City, Alabama. Can I still file in Georgia?
Often, yes. A Georgia court can grant the divorce if the filing spouse has lived in Georgia for six months. Custody, however, is decided by the child’s home state, generally where the child has lived for the last six months (O.C.G.A. § 19-9-61), and orders for property, alimony or support against a spouse who lives in Alabama require jurisdiction over that spouse. Scot Sikes is licensed in Georgia, not Alabama, so if a case belongs in an Alabama court you will need a lawyer licensed there.
Working With a Lawyer
What should I bring to a family law consultation?
Any papers already filed or served, existing court orders, recent pay stubs or a Leave and Earnings Statement (LES), tax returns, statements for bank, retirement and credit accounts, a list of property and debts, and your children’s schedule. For a military divorce, bring your service dates and any retirement point statement.
How much does a consultation with Scot Sikes cost?
A consultation with the Law Offices of Scot Sikes is $200. Call 706-494-6900 to schedule one in person or by phone.
Who handles family law cases at the Law Offices of Scot Sikes?
Attorney Scot Sikes, a retired Army JAG lieutenant colonel admitted to the State Bar of Georgia in 1999, who founded the firm in Columbus in 2006. Call 706-494-6900 or visit the contact page.
Talk to a Columbus Family Lawyer
Every case turns on its own facts. To talk through yours, call the Law Offices of Scot Sikes at 706-494-6900 or request a consultation. The office is at 5 Bradley Park Court, Suite 101, Columbus, GA 31904. Related pages: family law, divorce, military divorce, child custody, child support, alimony.
About the author. Scot Sikes founded the Law Offices of Scot Sikes in Columbus, Georgia, in 2006. He earned his J.D. at Mercer University’s Walter F. George School of Law, was admitted to the State Bar of Georgia in 1999, and served as an Army judge advocate (trial counsel, Senior Defense Counsel and Deputy Staff Judge Advocate) before retiring from the U.S. Army Reserve as a lieutenant colonel in 2017. He handles family law, military divorce and criminal defense cases in the Chattahoochee Judicial Circuit. Read Scot Sikes’s full profile. Law Offices of Scot Sikes, 5 Bradley Park Court, Suite 101, Columbus, GA 31904 · 706-494-6900.
Last updated November 2026. Sources: O.C.G.A. § 19-5-2 (residency and venue); O.C.G.A. § 19-5-3 (grounds; 30-day rule); O.C.G.A. § 19-6-1 (alimony; adultery and desertion bar); O.C.G.A. § 19-6-5 (alimony factors); O.C.G.A. § 19-6-10 (separate maintenance); O.C.G.A. § 19-6-15 (child support guidelines); O.C.G.A. § 19-6-19 (modifying alimony); O.C.G.A. § 19-7-22 (legitimation); O.C.G.A. § 19-9-1 (parenting plans); O.C.G.A. § 19-9-3 (custody and visitation); O.C.G.A. § 19-9-61 (UCCJEA initial custody jurisdiction); Georgia Child Support Commission: changes effective 1/1/2026; 10 U.S.C. § 1408 (Uniformed Services Former Spouses’ Protection Act); 50 U.S.C. § 3932 (SCRA stay of proceedings); Howell v. Howell, 581 U.S. 214 (2017); Army Regulation 608-99, Family Support, Child Custody, and Parentage (13 Nov. 2020); Chattahoochee Judicial Circuit Standing Order, Civil Action/Domestic Relations (Ex Parte No. 2025-229); Chattahoochee Judicial Circuit Standing Order on Parenting Seminars (Ex Parte No. 2024-204); Superior Court, Chattahoochee Judicial Circuit; Chattahoochee Family Law Information Center; U.S. Army: Fort Moore redesignated Fort Benning (March 2025). This page is general information about Georgia law, not legal advice for your situation.