The Essential Steps for Filing a Divorce Petition
Understanding the steps can help reduce confusion and give you a sense of control during an uncertain time.
Filing for divorce in Georgia can feel overwhelming, especially when you are sorting through forms, deadlines, and legal terms. Each county adds its own twist to the process, so what works in Atlanta might not apply in Savannah. But no matter where you file, the core steps remain consistent across the state. Understanding these steps can help reduce confusion and give you a sense of control during an uncertain time.
"Whether your split is friendly or fraught with tension, you still need a clear path through the process. The good news is that legal help is always available when things get murky," says Allen Russell, an established family law attorney from the Atlanta Divorce Law Group.
To help you move forward with clarity, this article breaks down the steps for filing a divorce in Georgia.
Meet Residency Requirements
Georgia law requires at least one spouse to live in the state for six consecutive months before filing. The court will not accept a petition unless this condition is met, regardless of how urgent the situation appears.
Residency is tied to where someone physically lives, not just where they own property or pay taxes. A post office box or temporary stay does not qualify. Proof can include a lease, utility bills, or a driver’s license showing a Georgia address.
The reason the court enforces this rule is to establish proper jurisdiction. Without it, the judge lacks authority to hear the case. Military members stationed in Georgia qualify, too, as long as they’ve lived on base or in the state for six months straight.
Prepare and File the Divorce Petition
The petition is the official start of the divorce process. Georgia calls it a “Complaint for Divorce,” and it outlines the basic facts, including names, addresses, marriage date, grounds for divorce, and any children involved.
You must typically file for divorce in the Superior Court of the county where your spouse resides. If your spouse no longer lives in the state, you are generally allowed to file in your county. Some counties offer online filing, but many still require an in-person trip.
Once filed, the court assigns a case number and timestamp. That document sets deadlines in motion and signals that the legal process has begun.
Serve Your Spouse with Divorce Papers
After filing, the law requires formal delivery of the documents to your spouse. A sheriff’s deputy or private process server handles this step, not you. Courts reject informal methods, such as texting or mailing the petition yourself.
Your partner has up to 30 days to file a response after receiving the divorce papers. If they ignore the deadline, the court can proceed without their input. That situation typically results in a default judgment.
Courts require proof that the papers were served. The process server or sheriff will file an affidavit confirming the date and method of delivery, which becomes part of the case record.
Attend Court Hearings or Mediation
Not every divorce reaches a trial. Many courts first encourage mediation, especially when children or shared property are involved. It is a structured conversation with a neutral third party, often required before the judge hears anything.
Hearings still happen, even in peaceful divorces. A judge may need to approve agreements, settle disputes, or confirm facts. Showing up prepared, complete with documents and meeting timelines, helps keep the process smooth and efficient.
Mediation agreements must be put in writing and signed in order to be effective. Once filed, they become legally binding. If mediation fails, the case proceeds to trial, where a judge resolves any remaining issues after both sides present their cases.
According to the Georgia Superior Court Clerks' Cooperative Authority, family law attorneys often advise keeping multiple certified copies of important documents. You may need one for Social Security, vehicle titles, or updating your estate plan. Courts charge a small fee for each.
Obtain the Official Divorce Decree
The divorce process in Georgia is only complete after a judge signs and issues the final decree. It outlines everything from custody and child support to asset division and name changes. That document replaces any verbal agreements or temporary orders.
Clerks usually process the paperwork within a few days after the judge signs. You can ask for a certified copy from the court for your records. Some employers, banks, and agencies require that version for legal or financial updates.
