Our Georgia divorce attorneys help spouses choose between settlement, mediation, and trial for each issue in their case.
Key Takeaways:
- Either spouse can demand a jury on property division and alimony.
- A no-fault divorce cannot be granted until 30 days after service.
- The Manely Firm, P.C. represents Georgia spouses from its Midtown office.
Most people reading this did not plan to be here. Your first questions are practical: where the children will live, what happens to the house, and how long this will take. Georgia law answers many of them, starting with the 13 grounds for divorce.
The Manely Firm, P.C. has practiced family law in Georgia for more than 30 years, and Michael E. Manely is the only all-family-law attorney to win unanimous decisions from both the U.S. Supreme Court and the Supreme Court of Georgia. Our Georgia divorce attorneys litigate hard when a case calls for it and settle when that serves you better.
Schedule a free case evaluation with The Manely Firm, P.C. today.
What Georgia Law Requires Before a Divorce Is Final
Every divorce in Georgia passes through the same legal requirements, whether the spouses agree on everything or nothing:
- Six months of residency. At least one spouse must have lived in Georgia for six months before filing (O.C.G.A. § 19-5-2), and the case is usually filed in the county where the responding spouse lives.
- Sworn financial disclosure. When property, alimony, or child support is at issue, both spouses file a Domestic Relations Financial Affidavit under Uniform Superior Court Rule 24.2.
- A 30-day minimum. On the no-fault ground, a judge cannot grant the divorce until at least 30 days after the other spouse is served (O.C.G.A. § 19-5-3).
- A parenting plan for families with children. Custody is decided separately under the best interest of the child standard, and Georgia courts expect a written plan covering parenting time and decision-making.
Georgia is one of only 2 states that let a jury decide parts of a divorce. Either spouse can demand a jury in writing to rule on property division and alimony, while child custody stays with the judge. That right changes how settlement offers get valued, and we account for it from the first meeting.
How a Georgia Divorce Moves From Filing to Final Decree
The divorce process follows a predictable sequence, though contested cases spend longer in the middle stages:
- Filing and service. One spouse files a complaint, and the other is served or signs an acknowledgment of service.
- Temporary orders. Either spouse can ask the court to set custody, support, and use of the home while the case is pending.
- Discovery. Both sides exchange financial affidavits and records, and can use written questions, document requests, and depositions to get a complete financial picture.
- Mediation or negotiation. Most contested cases try to settle through mediation or attorney negotiation before a trial date.
- Final hearing or trial. A judge, or a jury on financial issues, decides what the spouses could not, and the court enters the final decree.
Mediators cannot give legal advice, so each spouse needs counsel reviewing every proposed term. When both spouses agree on everything from the start, an uncontested divorce can skip most of the middle stages.
Where Our Experience Changes the Course of a Georgia Divorce
Some divorces cross borders. When a spouse lives abroad, holds assets overseas, or may relocate with the children, the case raises jurisdiction and enforcement questions under more than one country’s law. Our international family law team works with clients in languages including Spanish, Russian, German, Japanese, and Ukrainian.
We also handle family law appeals, so we build the trial record with a possible appeal in mind, and we bring the same preparation to divorces involving business owners, executive compensation, and high-income households.
Our Georgia divorce attorneys represent spouses from six offices, with local teams serving Atlanta, Marietta, Lawrenceville, Savannah, Columbus, Cumming, Smyrna, Alpharetta, Roswell, and Sandy Springs. We know how to safeguard the future of your family, and that work starts with an honest assessment of where your case stands.
Talk With Our Georgia Divorce Attorneys Before You Make the First Move
The decisions you make in the first weeks, including where to file, what to disclose, and whether to demand a jury, shape everything after them. Our experienced Georgia divorce attorneys will walk through each of those choices with you and explain what each path costs and risks.
Schedule a free case evaluation with The Manely Firm, P.C. today.
Georgia Divorce FAQs
My spouse wants a divorce. What should I do first?
Before you sign anything or move out, gather copies of your financial records: tax returns, bank and retirement statements, pay stubs, and mortgage and loan documents. Then talk with a Georgia divorce attorney about temporary orders for custody, support, and the home, since the first weeks often set the pattern for the rest of the case.
How much does a divorce cost in Georgia with kids?
It depends mostly on how many issues are contested. Court filing fees vary by county, and the larger cost is the time a case requires. An uncontested divorce with an agreed parenting plan costs far less than a case that goes through custody evaluations, discovery, and trial. We review likely costs during your case evaluation.
Do I have to move out of the house during a divorce?
No. Georgia law does not require either spouse to move out, and leaving can affect temporary custody and use of the home. Either spouse can ask the court for exclusive use of the home in temporary orders while the case is pending.
How long does a divorce take in Georgia?
An uncontested divorce on the no-fault ground can be finalized as early as 31 days after the other spouse is served, though most take somewhat longer because of court scheduling. Contested divorces usually run many months, and cases that go to trial can take a year or more depending on discovery and the county’s calendar.
Does Georgia require a separation period before filing?
No. Georgia has no mandatory separation period, and spouses may file while still living in the same home. What matters for a no-fault divorce is that the marriage is irretrievably broken with no prospect of reconciliation.
Does adultery affect alimony in Georgia?
It can. Under Georgia law, a spouse whose adultery or desertion caused the separation is not entitled to alimony. Adultery can also influence how a judge or jury weighs property division, so our Georgia divorce attorneys address it early when building a case strategy.
Contact The Manely Firm, P.C. Today. We Know How to Safeguard the Future of Your Family.
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