Georgia has 13 grounds for divorce. Do I need to allege a fault ground to get divorced?

No — Georgia's no-fault ground (irreconcilable differences, also called irretrievable breakdown) allows you to file for divorce without alleging fault. Most Georgia divorces use the no-fault ground because it avoids contested proceedings about marital misconduct. However, fault grounds are still relevant in Georgia when: (1) determining alimony — adultery bars the adulterous spouse from receiving alimony under OCGA § 19-6-1(b); (2) potentially influencing property division — a judge can consider marital conduct in dividing property equitably; and (3) custody — extreme misconduct (physical abuse, substance abuse, criminal conduct) is relevant to custody even when the divorce itself is filed on no-fault grounds. Using a fault ground like adultery or cruel treatment requires proof during the divorce proceedings, which can make the divorce more contested and expensive. Most family law attorneys advise filing on no-fault grounds while using evidence of misconduct in the alimony/property division phase.

My spouse had an affair. Does adultery affect the divorce settlement in Georgia?

Yes, in two important ways. First, and most significantly: under OCGA § 19-6-1(b), a spouse whose adultery caused the divorce is barred from receiving alimony. This is Georgia's 'adultery bar' — if the court finds your spouse's adultery caused the breakdown of the marriage, your spouse cannot receive periodic alimony. This is one of the most dramatic differences between Georgia and most other states, where adultery may be a factor but rarely a complete alimony bar. Second, marital misconduct including adultery may influence Georgia courts' equitable distribution of marital property — a judge has discretion to factor in each spouse's conduct when dividing property. Third, funds spent on an affair (gifts, trips, vacations with a paramour from marital assets) can be claimed as 'dissipation of marital assets' and offset against the adulterous spouse's property share. Evidence of adultery typically requires more than suspicion — hotel records, phone records, testimony, or investigator reports.

How does Georgia calculate child support?

Georgia uses the Income Shares model (OCGA § 19-6-15), which adds both parents' incomes together and uses a schedule to determine the basic child support obligation based on combined income and number of children. The combined obligation is then split proportionally between the parents based on their income share. For example: if Parent A earns 60% of combined income, Parent A pays 60% of the basic obligation; Parent B pays 40%. The calculation adjusts for: childcare costs; health insurance premiums for the children; extraordinary educational or medical expenses; each parent's parenting time (if significantly different from standard); and parental income below self-support reserve. Georgia's child support calculator is publicly available — courts are required to start from the worksheet calculation and deviate only with written findings of why the formula amount is unjust or inappropriate. Georgia child support continues until age 18 or graduation from high school (whichever is later, but no later than age 20).

My child is 14 and wants to live with me. Will the Georgia court honor that choice?

Georgia law gives 14-year-olds a strong right to choose their custodial parent. Under OCGA § 19-9-3(a)(5), when a child who is 14 years of age or older 'desires to select the parent with whom the child desires to live,' the court must give that selection 'controlling weight' unless the selected parent is found unfit. In practice, this means a 14-year-old's choice is essentially binding in Georgia — the court will honor it absent evidence that the chosen parent is unfit (substance abuse, domestic violence, neglect). Between ages 11 and 13, the child's preference is one of the 17 statutory factors the court must consider — it's given 'great weight' but isn't binding. Under age 11, preferences can be considered but receive less weight. This age-14 provision makes Georgia one of the more permissive states for child preference in custody. If your child has reached 14 and desires to change custody, a petition to modify custody based on the child's selection is a recognized basis for modification without necessarily showing a separate material change in circumstances.

How long do I have to live in Georgia before I can file for divorce?

You must have been a resident of Georgia for at least 6 months immediately before filing your divorce petition (OCGA § 19-5-2). Residency is typically proven by voter registration, Georgia driver's license, Georgia tax filings, lease agreements, or other evidence of your intent to make Georgia your permanent home. If you are a member of the U.S. military stationed in Georgia, you may be considered a Georgia resident for divorce purposes if you have been stationed in Georgia for 6 months. If you recently moved to Georgia after separating from your spouse who remains in another state, the 6-month waiting period applies before you can file. For spouses living in different states, questions about which state has jurisdiction over the divorce and particularly over child custody (governed by the Uniform Child Custody Jurisdiction and Enforcement Act / UCCJEA) require careful legal analysis — the state where the children have lived for the last 6 months typically has jurisdiction over custody.

Family Law & Divorce in Georgia (2026)

Georgia Family Law & Divorce: early leverage, the timing points that turn a routine issue expensive, and the next review point worth slowing down for

A sharper statewide family law & divorce page for Georgia that shows early leverage, parenting schedule, and the choices that shape the file first.

Reviewed January 2026 3 min read Official-source grounded Ver en Espanol En Español

Key Takeaways

Georgia allows both no-fault (irreconcilable differences) and 12 fault grounds — adultery bars alimony for the adulterous spouse
Age 14 preference: child's choice of custodial parent is controlling weight in Georgia absent finding of parental unfitness
Income Shares child support model: combined income table + proportional split; continues to 18 or high school graduation (max age 20)
Equitable distribution: marital misconduct (adultery, waste) can influence property division; not automatically 50/50
6-month Georgia residency required before filing; 30-day minimum before final decree; contested divorces 6–18 months

Key Numbers — Georgia All 50 states →

Filing Deadline 2 years

Fault Rule Modified Comparative

Insurance System At-Fault

Key Statute O.C.G.A. § 9-3-33

Compare with another state → Official source ↗

Georgia Family Law — Key Facts

Georgia recognizes both no-fault and fault-based divorce grounds (OCGA § 19-5-3)
Residency requirement: 6 months in Georgia before filing (OCGA § 19-5-2)
Child support: Georgia uses the Income Shares model (OCGA § 19-6-15)
Alimony: discretionary, permanent alimony available for long marriages

Georgia's divorce law is governed by OCGA Title 19, Chapters 5 and 6. Georgia is distinctive in that it maintains both fault-based and no-fault divorce grounds — unlike states that have eliminated fault grounds entirely. Georgia's 13 grounds for divorce include both the no-fault ground (irreconcilable differences) and fault grounds (adultery, desertion, cruel treatment, habitual intoxication, and others). Georgia recognizes marital misconduct (adultery, cruelty) in awarding alimony — adultery can bar alimony for the party who committed it. Georgia's child support uses the Income Shares model, and the child support worksheet is filed with the court as a required document in all Georgia divorce/custody cases.

Georgia Divorce Grounds and Procedure

Georgia's 13 divorce grounds (OCGA § 19-5-3) include: (1) No-fault — irreconcilable differences (the parties' desires to live separate and apart with no hope of reconciliation); and 12 fault grounds including adultery, desertion, cruel treatment, habitual intoxication or drug addiction, and incurable mental illness. Georgia has no waiting period after separation before filing — a couple can file for divorce immediately upon separation, though the 30-day waiting period before the court can issue a final decree allows for reconciliation. For uncontested divorces (no minor children, no significant property), Georgia allows a simplified 31-day process without a hearing. Contested Georgia divorces with property, alimony, and custody disputes typically take 6-18 months depending on county and complexity.

Georgia Property Division: Equitable Distribution

Georgia divides marital property under an equitable distribution standard (OCGA § 19-3-9 and case law) — equitable meaning fair, not necessarily 50/50. Georgia courts consider: the duration of the marriage; each spouse's earning capacity and economic circumstances; each spouse's contribution to the marital estate (including homemaker contributions); the conduct of the parties (fault grounds can influence property division); and the needs of minor children. Georgia distinguishes marital property (acquired during marriage) from separate property (owned before marriage or received as individual gift or inheritance during marriage). Careful documentation of premarital assets and inheritances is important in Georgia divorces. Unlike community property states, Georgia judges have broad discretion in dividing property.

Georgia Alimony

Georgia's alimony law (OCGA § 19-6-1 et seq.) allows courts to award temporary alimony (pendente lite — during the divorce proceeding) and permanent alimony. Georgia is unusual in maintaining adultery as an absolute bar to alimony: if the divorcing spouse's adultery caused the divorce, that spouse is barred from receiving alimony (OCGA § 19-6-1(b)). Factors in Georgia alimony determinations include: the standard of living during the marriage; the duration of the marriage; the financial condition of each party; each party's earning capacity; the contributions to the marriage (homemaking, childcare); and marital misconduct. Georgia courts retain jurisdiction to modify alimony based on changed circumstances — except lump sum alimony (which is final). Alimony terminates on the recipient's remarriage or cohabitation in a "meretricious" (essentially marriage-like) relationship.

Georgia Child Custody

Georgia's custody standard is the best interests of the child (OCGA § 19-9-3), evaluated across 17 specific statutory factors. Georgia is notable for its "age 14 preference" provision: when a child reaches age 14, the child has the right to select the parent with whom they wish to live, and the court must honor that selection absent a finding that the selected parent is unfit (OCGA § 19-9-3(a)(5)). Between ages 11 and 13, the child's preference is considered but not binding. This makes Georgia's custody approach more child-voice-centered than many states. Georgia custody modifications require showing a material change in circumstances after the original order.

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