Divorce in Georgia: Procedure, Timelines and Legal Assistance

Short answer: If there is no dispute between the spouses, the divorce can be completed at the civil registry authority. If there is a dispute, including where you cannot agree on the divorce and related matters (the child, child support, property), the matter is decided by a court.

A divorce means more than the formal end of a marriage. During the process, questions often arise about dividing joint property, the child’s place of residence, child support and the arrangements for contact with the other parent.

How Does Divorce Work in Georgia?

Under the Civil Code of Georgia, the divorce procedure depends on whether there is a dispute between the spouses: where there is no dispute, the divorce is formalized at the civil registry authority; where there is a dispute, the matter is decided by a court.

Divorce at the Civil Registry Authority

If there is no dispute between the spouses and both agree to the divorce, the divorce can be registered with the relevant authority in the manner prescribed by law.

Divorce Through the Court

If one of the spouses does not agree to the divorce, the matter can be resolved through the court.

Going to court may also be necessary where, together with the divorce or independently of it, a dispute must be resolved over the child’s place of residence, child support, the arrangements for contact with a parent or the division of joint property.

What Documents Are Required?

The list of documents depends on the route to divorce and the circumstances of the case.

As a rule, the following may be required:

an identity document;
information or a document confirming the registration of the marriage;
an application for registration of the divorce;
where you go to court — a statement of claim and the relevant evidence;
in a property dispute — documents confirming the acquisition, registration and value of the property;
in disputes over child support and the child — financial, family and other evidence relevant to the case.

The exact list of documents should be checked in advance according to the relevant procedure.

How Long Does a Divorce Take?

How long a divorce takes depends on whether it is registered by mutual agreement, whether it is necessary to go to court and whether there are additional disputes.

The procedure is simpler by mutual agreement. The length of court proceedings, on the other hand, may depend on the volume of evidence, the parties’ positions, the existence of additional claims and other procedural circumstances.

For this reason, the circumstances of the case need to be assessed before a specific timeframe can be given.

Child Support: What You Should Know

Child support serves to maintain the child and meet the child’s needs. Separation or divorce does not end the parents’ obligation to care for their child.

The amount of child support may be set by agreement between the parents or by a court decision. In setting it, the child’s needs and the parents’ financial situation are important.

If the parents cannot agree on the amount of child support or the payment terms, a claim can be brought in court.

In cases provided for by law, a spouse or former spouse may also have the right to claim maintenance. In such cases, it is important to assess the specific legal ground and the relevant conditions.

How Is Spouses’ Joint Property Divided?

As a general rule, property acquired during the marriage is considered the spouses’ joint property, unless otherwise provided by law or by a marriage contract.

As a rule, property that existed before the marriage, as well as property received by gift or inheritance, is considered a spouse’s personal property. In individual cases, however, investments made in the property and other circumstances may be relevant.

Divorce does not in itself end the parents’ rights and obligations. Both parents retain the responsibility towards the child provided for by law.

If the parents cannot agree, the following issues may need to be resolved:

which parent the child will live with;
how contact with the other parent will take place;
how much child support a parent must pay;
how important decisions about the child’s upbringing will be made.

In reaching an agreement and resolving a dispute, the best interests of the child are decisive. The child’s place of residence or contact with the child is not determined by the parents’ wishes alone: the child’s interests and the circumstances of the case must be assessed.

How Can SB Legal Solution Help?

SB Legal Solution offers legal support on divorce-related matters, including:

assessing the divorce procedure and the possible legal routes;
preparing the necessary documents;
drafting statements of claim and other legal documents;
legal assistance in disputes over child support and children;
assessing issues related to the division of spouses’ joint property;
representation in court;
help with resolving legal matters in Georgia remotely, depending on the relevant procedure and the possibility of representation.

The circumstances of every case are different. The purpose of legal assistance is to assess your legal position in advance and determine the appropriate steps for your specific situation.

Frequently Asked Questions

Yes. If one of the spouses does not agree to the divorce, the other spouse can apply to the court.

Does joint property have to be divided as soon as the divorce takes place?

Not in every case. The division of property can also be decided independently of the divorce, but it is important to assess the legal ground for the claim and the time limits.

Who will the child live with after the divorce?

If the parents agree, they can reach an agreement on the child’s place of residence, taking the child’s interests into account. If there is no agreement, the matter may be decided by the court.

How is the amount of child support determined?

The amount of child support may be set by agreement between the parents or by the court, taking into account the specific circumstances and the child’s needs.

Need Legal Help With a Divorce?

Contact SB Legal Solution to discuss your case and determine the next steps.

This article provides general information and does not constitute individualized legal advice. Laws, tariffs and procedures may change; confirm the current requirements before acting.