FAQ

Generally, you file a complaint for divorce in the Superior Court in the county where your spouse resides or, if your spouse no longer resides in Georgia, in the county of your own residence. If your spouse consents, or if your spouse previously lived with you and has been gone for less than six months, you can file in your county of residence.

You and your spouse must be "legally separated" to file for divorce, but that doesn't mean you must be living apart. In Georgia, you are legally separated if you are no longer engaging in marital relations and you consider yourself to be in an actual state of separation.

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Typically, until a court ruling or agreement, married parents share custody. The judge will try to fashion a custody plan that is in the "best interests of the child." The judge will consider many factors, including the age and sex of the child, and the ability of each parent to care for and nurture the child. A child who has reached 14 years of age may generally choose which parent will have custody. A judge may take into account the wishes of children aged 11 to 13.

In Georgia, parents must support their children, generally until a child reaches 18. Typically, the non-custodial parent is required to pay a reasonable amount to the custodial parent to assist with living expenses. Child support may also include payment for health insurance, medical and dental expenses, and life insurance. Courts rely on child support guidelines (Georgia Code section 19-6-15) to calculate the appropriate amount of child support. The amount is based on factors including time the non-custodial parent spends with the children, the ages of the children, daycare costs, medical costs, education costs, significant income or debt of either parent, and obligations to another household. The guidelines are revised frequently. Each parent is required to prepare a Domestic Relations Financial Affidavit, setting out his or her financial circumstances.