- The Peach State Family Law Guide
Georgia Divorce & Child Custody
Family Law Resource Center
Looking for help understanding divorce or child custody in Georgia? Start here for court forms, filing information, child support resources, and links to Georgia courts.
If you are handling your own case, you can also explore our Georgia judge, GAL, and attorney complaint resources or find the Georgia discussion rooms. Our community is new, and your questions and experience can help it grow.
159
Counties in Georgia
~90K
Family Cases Filed Annually
O.C.G.A.
Title 19 Governs Family Law
30 Days
Answer Required After Service
6+ Mo
Typical Contested Case
Understanding Georgia Family Law
What You Need to Know Before You Begin
Georgia family law is governed by Title 19 of the Official Code of Georgia Annotated (O.C.G.A.). All family law cases—divorce, custody, child support, and legitimation—are handled by the Superior Courts in each of Georgia’s 159 counties.
Unlike some states, Georgia does not have dedicated “family courts” in most counties. Instead, Superior Court judges handle both family matters and other civil cases. This means understanding court procedures is essential.
Georgia follows the “best interest of the child” standard for all custody decisions. The court considers 17 specific factors enumerated in O.C.G.A. § 19-9-3 when determining custody and parenting time.
Georgia Residency Requirement
To file for divorce in Georgia, at least one spouse must have been a bona fide resident of Georgia for at least 6 months before filing. You file in the county where the defendant resides, or if the defendant has left Georgia, in the county where you reside.
Georgia Quick Facts
Grounds for Divorce
Property Division
Custody Standard
Child Support
Waiting Period
O.C.G.A. § 19-9-3
Child Custody in Georgia
Georgia courts prioritize the child’s best interests above all else. Joint custody is encouraged when it serves the child, but courts can order any arrangement they believe is best.
Joint Custody
Joint Legal Custody: Both parents share decision-making authority for major decisions (education, healthcare, religion, extracurriculars).
Joint Physical Custody: Child spends significant time with both parents. Doesn’t require 50/50 split—can be any arrangement serving the child’s best interests.
Parenting Plan Required
Sole Custody
Sole Legal Custody: One parent has exclusive authority over major decisions. Courts typically order this when parents cannot cooperate or one parent is unfit.
Sole Physical Custody: Child resides primarily with one parent. Non-custodial parent usually receives visitation (parenting time).
Standard Visitation
Georgia Quick Facts
O.C.G.A. § 19-9-3(a)(3) - What Judges Consider
1
The love, affection, bonding, and emotional ties between each parent and the child
2
The love, affection, bonding, and emotional ties between the child and siblings, half-siblings, and stepsiblings
3
Each parent's capacity to give the child love, affection, and guidance
4
Each parent's knowledge and familiarity with the child and the child's needs
5
Each parent's capacity to provide food, clothing, medical care, and other material needs
6
The home environment of each parent considering the child's safety and welfare
7
The importance of continuity in the child's life and the length of time in a stable environment
8
The stability of the family unit of each parent and the willingness to support the child's relationship with the other parent
9
The mental and physical health of each parent
10
Each parent's involvement in the child's educational, social, and extracurricular activities
11
The child's community, school, and home record and history
12
Each parent's employment schedule and its effect on parenting
13
Each parent's past performance of parenting responsibilities
14
The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship
15
Any recommendation by a GAL or custody evaluator
16
Any history of family violence or substance abuse
17
Any other factor relevant to the best interest of the child
O.C.G.A. § 19-6-15
Georgia Child Support
Georgia uses the Income Shares Model to calculate child support. This model estimates how much parents would spend on their children if they lived together, then divides that amount between parents based on their respective incomes.
The calculation considers both parents’ gross income, the number of children, health insurance costs, work-related childcare expenses, and other factors. Judges can deviate from guidelines for good cause.
Basic Support Obligation
Calculated using Georgia's Child Support Obligation Table based on combined adjusted income
Additional Expenses
Health insurance, work-related childcare, and extraordinary expenses added to basic obligation
Parenting Time Adjustment
Courts may adjust support when non-custodial parent has significant parenting time
Modification & Enforcement
- Modify if substantial change in income or circumstances
- Georgia DCSS handles enforcement for public assistance cases
- Contempt of court for willful non-payment
- Income deduction orders (automatic wage garnishment)
- License suspension for significant arrears
O.C.G.A. § 19-5
Divorce in Georgia
Grounds for Divorce in Georgia
- Timeline Overview
“The marriage is irretrievably broken” — Either spouse can file without proving wrongdoing. This is used in approximately 90% of Georgia divorces.
- Fault-Based Grounds (12)
• Adultery
• Desertion (1+ year)
• Mental incapacity at time of marriage
• Marriage between close relatives
• Mental or physical cruelty
• Habitual intoxication or drug addiction
• Force, duress, or fraud in marriage
• Pregnancy by another at time of marriage
• Conviction of certain crimes
• And others…
Grounds for Divorce in Georgia
Georgia is an equitable distribution state. This means marital property is divided fairly—but not necessarily equally (50/50).
- Marital Property
Generally, property acquired during the marriage is marital property and subject to division:
• Real estate purchased during marriage
• Retirement accounts earned during marriage
• Vehicles, furniture, and other assets
• Business interests
• Debts incurred during marriage
- Separate Property
Separate property typically remains with its owner:
• Property owned before marriage
• Inheritances received by one spouse
• Gifts to one spouse from third parties
• Personal injury settlements (pain & suffering portion)
Georgia Court Forms
Start with these core Georgia divorce documents. Always check your county’s local rules for any additional forms or filing requirements.
159 Counties
Find Your Georgia Court
Georgia Superior Courts handle all family law matters. File in the county where the defendant resides.
Fulton County (Atlanta)
- fultoncourt.org
- (404) 612-4596
Largest county, multiple judges
DeKalb County
- dekalbcountyga.gov/superior-court
- (404) 371-2311
Metro Atlanta
Cobb County (Marietta)
- cobbsuperior.com
- (770) 528-1800
Metro Atlanta
Gwinnett County (Lawrenceville)
- gwinnettcourts.com
- (770) 822-8100
Fast-growing county
Clayton County (Jonesboro)
- claytoncountyga.gov
- (770) 477-3399
South Metro
Chatham County (Savannah)
- chathamcourts.org
- (912) 652-7200
Coastal Georgia
Common Questions
Georgia Family Law FAQ
How long does a divorce take in Georgia?
Georgia has no mandatory waiting period. An uncontested divorce can be finalized as quickly as 31 days after filing (the defendant has 30 days to answer). Contested divorces with custody disputes typically take 6-18+ months depending on complexity and court schedules.
At what age can a child choose which parent to live with?
Age 14+: Under O.C.G.A. § 19-9-3(a)(5), a child 14 or older has the right to select the parent with whom they wish to live. The court will honor this selection unless it’s not in the child’s best interest. Ages 11-13: The court must consider the child’s wishes, but they’re not determinative.
What is a Guardian ad Litem in Georgia?
A GAL is appointed by the court to investigate and advocate for the child’s best interests. Georgia’s Uniform Superior Court Rule 24.9 governs GALs. They interview parents and children, review records, observe home environments, and submit written reports with recommendations. GALs testify as expert witnesses.
What are the requirements for filing for divorce in Georgia?
At least one spouse must have been a bona fide Georgia resident for 6 months before filing. You file in the county where the defendant lives. If the defendant has left Georgia, you may file in your own county. Georgia allows both fault-based and no-fault divorce.
Does Georgia favor mothers in custody cases?
No. Georgia law explicitly states there is no presumption in favor of either parent based on gender. O.C.G.A. § 19-9-3(a)(1) requires courts to consider the best interest of the child based on 17 specific factors—not the parent’s gender. Joint custody is encouraged when both parents are fit.
Georgia Child Support Calculator
Educational estimate based on Georgia’s income-shares framework under O.C.G.A. § 19-6-15.
Includes a simplified parenting-time deviation estimate.
Parent A Information
Parent B Information
Estimated Georgia Child Support Worksheet Summary
Ready to Navigate Georgia Family Court?
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