Divorce, Family Law

How to Get a Georgia Divorce

Divorce is a challenging and emotional process that requires careful consideration and legal expertise. As you learn how to navigate the process of getting a divorce in Georgia, you will need a trusted Georgia divorce lawyer by your side. Phillips & Sellers Law Firm is here to help ensure that your divorce process in Georgia is as smooth as possible.

Understanding Divorce in Georgia

When it comes to divorce, each state has its own set of rules and regulations. Due to variations in the process from state to state and even jurisdiction to jurisdiction, it is essential to hire a family law attorney with experience in your local area. In Georgia, the legal process involves several requirements that you must follow to minimize the financial and emotional difficulty of obtaining a divorce. Whether you’re just considering filing for a divorce or have already made up your mind to proceed, understanding the process is crucial, and that’s where an experienced divorce lawyer can help you.

The Steps to Getting a Divorce in Georgia

Grounds for Divorce

Georgia offers both fault-based and no-fault divorce options. No-fault divorces are based on the grounds of irretrievable breakdown of the marriage, while fault-based divorces involve proving misconduct, such as adultery or cruelty. Fault-based divorces will require you to demonstrate that your spouse has committed certain actions, which can make the legal process a bit more complex, as you will need to provide compelling evidence of misconduct.

Residency Requirements

At least one of the spouses must have been a resident of Georgia for a minimum of six months before filing for divorce. This is an important factor to consider before initiating the process. If you have just recently relocated to Georgia, you’ll likely need to wait before you can pursue legal action, but be sure to begin the discussion with a skilled divorce lawyer as soon as possible to give you more time to plan. 

Filing the Petition

To begin the divorce process, you’ll need to file a complaint for divorce, or petition for divorce, in the county where you or your spouse lives. This legal document outlines the details of the marriage and the reasons for seeking a divorce and will indicate to the court what issues need to be resolved during the divorce process.

Serving the Other Spouse

The non-filing spouse must be properly served with a copy of the divorce papers. This can be done through personal service, where a neutral third party delivers the documents, or by certified mail.

Response from the Other Spouse

The non-filing spouse has the opportunity to respond to the divorce petition within a specified time frame. Their response may include agreements or disagreements related to the terms of the divorce, such as property division, alimony, and child custody.

Property Division and Alimony

Georgia follows equitable distribution principles when dividing marital property and determining alimony. It’s important to reach a fair agreement on these matters or let the court decide if an agreement cannot be reached. Sometimes spouses are in agreement on how to divide assets, and this makes the process much simpler, but often some arbitration is required. Even if you and your spouse agree on how to divide your mutual assets, it’s important you both have an experienced divorce lawyer representing you to ensure that the final decision is fair to all parties.

Child Custody and Support

If children are involved, child custody and support arrangements need to be established. Georgia courts seek to prioritize the best interests of the child when making these decisions. Just as with asset distribution, even if you and your spouse agree on the best plan for your children, it’s essential that you both have skilled legal representation. 

Finalizing the Divorce

Once all matters have been settled, a final hearing or trial will take place. The court will review the agreements and, if satisfied, grant the divorce. The marriage will then be legally dissolved.

Working Toward a Smooth Divorce Process

Hire a Quality Divorce Lawyer: Navigating the legal complexities of divorce can be overwhelming. A skilled Georgia divorce lawyer, like the experts at Phillips & Sellers, can provide you with expert advice tailored to your unique situation. You want to work with a lawyer who is familiar with the laws and court officials in your local jurisdiction, who can smooth the way for you and minimize the emotional and financial strain of the process.


Open Communication: Effective communication between spouses can help streamline the process. While emotions may be high, keeping the dialogue respectful and constructive can lead to more favorable outcomes. 


Be Prepared for Compromises: Divorce often involves compromise. Being open to negotiation can help both parties reach agreements that work best for everyone involved. Sometimes a divorcing spouse feels deeply wronged and is looking to punish their former spouse through the divorce process. Keeping your focus on a fair outcome rather than “winning” can make getting a divorce less emotionally draining and lead to better outcomes and fewer legal expenses than a drawn-out fight.


Prioritize Children: If children are part of the equation, their well-being should be a top priority. Creating a stable and supportive environment for them during the divorce process is essential to maintaining the best relationships moving forward.

Need a Georgia Divorce Lawyer? Phillips & Sellers Can Help

Getting a divorce in Georgia requires careful attention to legal requirements and a compassionate approach. At Phillips & Sellers, we understand the challenges you’re facing and are here to guide you through this difficult time. With the right professional legal assistance, you can navigate the divorce process in Georgia with confidence, and ensure a smoother transition into the next chapter of your life.

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