Skip to content
Oakclause

Divorce Residency Requirements in Georgia

In Georgia, a divorce generally requires the filing spouse to have been a bona fide resident for 6 months before filing, and the no-fault ground is that the marriage is irretrievably broken.

Last checked . General information, not legal advice.

Georgia at a glance

State residency
6 months
A nonresident may file in the respondent's county if the respondent has lived in Georgia and that county for 6 months.
County residency
No county period; 6 months if a nonresident files
A nonresident files in the respondent's county, where the respondent must have lived for 6 months before filing.
No-fault ground
Marriage is irretrievably broken
No decree on this ground until 30 days after service.

The rules in Georgia

How long must you live in Georgia before filing for divorce?

State residency in Georgia: 6 months. A nonresident may file in the respondent's county if the respondent has lived in Georgia and that county for 6 months.

Is there a county residency requirement for divorce in Georgia?

County residency in Georgia: No county period; 6 months if a nonresident files. A nonresident files in the respondent's county, where the respondent must have lived for 6 months before filing.

What is the no-fault ground for divorce in Georgia?

No-fault ground in Georgia: Marriage is irretrievably broken. No decree on this ground until 30 days after service.

Where do the Georgia divorce residency requirements come from?

The rules above come from O.C.G.A. 19-5-2 and O.C.G.A. 19-5-3. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.