Divorce Residency Requirements in Georgia: Who Can File and Where
Georgia requires a bona fide resident of six months before the petition is filed. A nonresident can file in the county where the respondent has lived for six months, and military post residents have a one-year rule.
What residence does a Georgia divorce require?
No court shall grant a divorce to any person who has not been a bona fide resident of the state for six months before the filing of the petition for divorce (O.C.G.A. 19-5-2). Bona fide residence means a real home in the state, so keep records such as a lease or deed, a driver license, voter registration and work or tax records. The Georgia divorce timeline calculator adds six months to the date you enter and compares it with your planned filing date.
Can a nonresident file for divorce in Georgia?
Yes, in one situation: a nonresident of the state may file a petition for divorce, in the county of residence of the respondent, against a person who has been a resident of Georgia and of that county for six months before the petition is filed (19-5-2).
What about military posts in Georgia?
A person who has been a resident of a United States army post or military reservation within the state for one year next preceding the filing may bring an action for divorce in any county adjacent to the post or reservation (19-5-2). That is a longer period than the six months for other residents.
Does Georgia require the spouses to be separated first?
No. The usual ground is that the marriage is irretrievably broken, which has a 30-day wait after service but no separation period (19-5-3(13)). See the grounds for divorce in Georgia.
Where do you file for divorce in Georgia?
In the superior court (total divorces may be granted in proper cases by the superior court, 19-5-1). The statute names the county only for the special cases above; ask the superior court clerk which county is proper for your filing.
Does residence decide custody jurisdiction too in Georgia?
No. Custody has its own jurisdiction rules in the child custody chapter of Title 19 (chapter 9), based on the child, not the spouses. A parent who moves to Georgia with a child can be divorced here before Georgia courts can decide custody; see the Georgia parenting time calculator and ask a licensed Georgia attorney about the child’s home state.
Does the 30 days start at filing or at service in Georgia?
At service. On the irretrievable breakdown ground the court cannot grant the divorce until not less than 30 days from the date of service on the respondent (19-5-3(13)), so a delay in serving the respondent delays the earliest decree date even if the petition was filed long before.
What proof of residence should you keep in Georgia?
The statute asks for a bona fide resident, so keep a lease or deed, a Georgia driver license, voter registration, tax filings and work records showing the date your Georgia residence began. The court decides whether the residence is real; the six months are counted back from the filing of the petition.
How do the six months and the 30 days fit together in Georgia?
They are separate clocks. For example, a spouse who moved to Georgia on March 1 completes six months on September 1 and can file that day. If the respondent is served on September 5, the 30 days run to October 5, and the divorce can be granted from October 6.
Frequently asked questions
How long must I live in Georgia to file for divorce?
A party must have been a bona fide resident for six months before the petition is filed.
Do both spouses have to live in Georgia to divorce there?
No. One party has to meet the six-month rule, or a nonresident can file in the respondent’s county.
Does military service change the Georgia residency rule?
A resident of an army post or military reservation in Georgia for one year may file in an adjacent county.
Where do I file for divorce in Georgia?
In the superior court; the statute specifies the county only for nonresident and military post cases.
Does Georgia residency decide custody jurisdiction?
No. Custody follows the child custody chapter and the child’s circumstances.
Official sources
- O.C.G.A. 19-5-2: residence requirements; venue
- O.C.G.A. 19-5-3: grounds for total divorce
- Georgia Code Title 19, chapter 5: divorce (19-5-1 to 19-5-17)
- O.C.G.A. 19-9-3: custody of child; best interest factors
- O.C.G.A. 19-5-13: disposition of property in accordance with verdict
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Georgia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Georgia attorney.