Thinking About Divorce in Georgia? First Steps

Quick answer: To file for divorce in Georgia, one spouse must have lived in the state for six months (O.C.G.A. § 19-5-2). Most divorces use the no-fault ground that the marriage is irretrievably broken, which cannot be granted until 30 days after the other spouse is served (O.C.G.A. § 19-5-3). In the Chattahoochee Judicial Circuit, a standing order with mutual restraints applies once the case is filed, contested cases go to mediation, and parents must complete a parenting seminar within 31 days of service. Gather financial records and get advice before moving out or moving money. Consultations with Scot Sikes are $200.

Deciding whether to divorce is personal. Deciding how to divorce is legal, and the choices you make in the weeks before filing often shape the outcome. This page covers what to think through, what to gather and what to avoid.

Table of Contents

Questions to Answer Before You File

Can you file in Georgia? One spouse must have lived in Georgia for six months. Someone who has lived on a military post in Georgia for a year can file in an adjoining county (O.C.G.A. § 19-5-2). See filing for divorce in Georgia.
Do you agree on everything? If you and your spouse agree on property, debts, custody and support, an uncontested divorce is usually faster and less expensive.
Is divorce the right step now? Georgia also offers separate maintenance, which sets support and custody without ending the marriage (O.C.G.A. § 19-6-10). See legal separation.
Is anyone unsafe? If there is family violence, a family violence protective order can address the home, custody and support right away.

Records to Gather

Three years of tax returns, recent pay stubs or LES statements, and W-2s
Bank, credit card, loan and mortgage statements
Retirement statements: 401(k), TSP, pensions and military retirement points
Deeds, vehicle titles and insurance policies
Records of the children’s schedules, school and medical care

What Changes Once the Case Is Filed

In Muscogee, Harris, Chattahoochee, Marion, Talbot and Taylor counties, the circuit’s domestic relations standing order applies to both spouses when the case is filed. It includes mutual restraints, requires a financial affidavit and child support worksheet at least five days before any hearing or mediation on money issues, and sends most contested cases to mediation. Parents must complete a parenting seminar within 31 days of service. See Chattahoochee Judicial Circuit family law.

Mistakes to Avoid

Moving money or property without advice. It can look like hiding assets and can violate the standing order once the case is filed.
Moving out, or moving the children, without a plan. It can affect temporary custody, and a parent who relocates must give 30 days’ written notice under a custody order (O.C.G.A. § 19-9-3).
Texts, emails and social media written in anger. Assume a judge will read them.
Downloaded divorce forms that leave out key terms, such as a specific visitation schedule.

Military Families

Service members and spouses near Fort Benning have extra issues: where to file, dividing military retired pay, interim support under AR 608-99, and SCRA protections if a spouse is deployed. See military divorce and AR 608-99 family support.

Video: The Risk of Do-It-Yourself Divorce Papers

Scot Sikes explains why downloaded divorce kits can leave out key terms, using a vague visitation clause as an example of what can go wrong.

Video transcript

The fear with do-it-yourself divorce kits downloaded from the internet, particularly when your divorce involves children or any assets, is that you’ve left something unaddressed or not adequately covered. Say you’re on the receiving end: your spouse sends you a divorce packet that’s been downloaded and filled in. You’re going to be the non-custodial, visiting parent, and the visitation provision says only that husband and wife shall have reasonable visitation as the parties may agree. Well, guess what: if you don’t agree, you’re not going to get any visitation. You want to know that every aspect of your divorce is covered. If it’s not in there, you don’t have it. You don’t want to be left guessing about your visitation rights or your obligations on debts. Anything left unaddressed is subject to interpretation, and that interpretation could go against you.

Recorded in 2013 and lightly edited for readability. The guide on this page reflects current Georgia law.

Talk With Scot Sikes

Consultations with Scot Sikes are $200 and cover your specific situation, the Georgia law that applies and your realistic options. Call 706-494-6900 or use the contact page. The office is at 5 Bradley Park Court, Suite 101, Columbus, GA 31904.

Frequently Asked Questions

How long do I have to live in Georgia to get divorced?

Six months for one spouse before filing. A person who has lived on a military post in Georgia for one year may file in an adjoining county (O.C.G.A. § 19-5-2).

How fast can a Georgia divorce be granted?

A divorce on the no-fault ground cannot be granted until 30 days after the other spouse is served (O.C.G.A. § 19-5-3). Uncontested cases often finish soon after; contested cases take longer.

Should I move out before filing for divorce?

Get advice first. Moving out does not give up your property rights, but it can affect temporary custody and support arrangements.

Do I have to go to mediation in Columbus?

Most contested domestic cases in the Chattahoochee Judicial Circuit must be mediated under the circuit’s standing order, with listed exceptions such as some family violence cases.

Keep Reading: Georgia Divorce Guides

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. His practice centers on family law, military divorce and military family law in the Chattahoochee Judicial Circuit, and courts have qualified him as an expert witness on dividing military property in divorce. 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); O.C.G.A. § 19-5-3 (grounds; 30-day rule); O.C.G.A. § 19-6-10 (separate maintenance); O.C.G.A. § 19-9-3 (custody; best interests); Chattahoochee Judicial Circuit Standing Order, Domestic Relations, Ex Parte No. 2025-229; Chattahoochee Judicial Circuit Standing Order on Parenting Seminars, Ex Parte No. 2024-204. This page is general information about Georgia law, not legal advice for your situation.

Contemplating a Divorce in Georgia: What to Know Before You File