How Do You File for Divorce in Georgia If You Have Kids and a House?

A question we often hear is: “I want to file for divorce in Georgia, with children and a jointly owned home. What does that look like—what are Georgia’s residency rules, how is property divided, who keeps the house, what about custody?”

Divorce Basics in Georgia

• Residency requirement

  • One spouse must have been a resident of Georgia for at least six months before filing.

• Grounds

  • Georgia allows no-fault divorce, based on the marriage being irretrievably broken.

• Where to file

  • File in the Superior Court of the county where your spouse lives, such as Atlanta, Savannah, Augusta, or Macon.

• Process overview

  • Petition → service → financial disclosures → mediation or negotiation → hearing or default judgment → final decree.

Do You Need a Lawyer to Get a Divorce in Georgia?

• Not required, but strongly recommended when children and property are involved.

• How a lawyer or mediator helps

  • Identifying marital vs separate property.

  • Valuing the home and dividing assets.

  • Drafting parenting plans and custody agreements.

  • Negotiating or litigating spousal support and property division.

How Much Does It Cost to Get a Divorce in Georgia?

• Court filing and service fees.

• Attorney or mediator fees depending on level of dispute.

• Appraisals and financial expert costs if necessary.

• Custody evaluations in contested cases.

What About the House & Property Division for Divorce in Georgia?

• Georgia is an equitable distribution state.

• Marital property includes assets acquired during marriage, even if only one spouse is on the deed.

• Separate property includes assets owned before marriage, gifts, and inheritances.

• Factors courts consider

  • Contributions to acquisition and maintenance of property.

  • Age, health, and earning capacity.

  • Standard of living during marriage.

  • Custodial needs of children.

  • Length of marriage.

• House outcomes: one spouse keeps the home (often custodial parent), buy-out, or sale and division.

Custody, Parenting Time & Child Support for Divorce in Georgia

• Custody is based on the best interests of the child.

• Legal custody (decision-making) and physical custody (residence) can be shared or sole.

• Parenting schedules prioritize stability and ongoing parental involvement.

• Child support follows Georgia guidelines, based on income and number of children.

Things You Must Know About Getting Divorced in Georgia!

• The custodial parent often has priority in remaining in the marital residence.

• Title on the deed does not decide division if home was acquired during marriage.

• Prenuptial or postnuptial agreements can affect outcomes.

• Courts take asset hiding or undervaluing very seriously.

• Tax consequences and affordability of the home must be considered.

A Gentle Reminder About Divorce in Georgia

This post is for educational purposes only and is not legal advice. Divorce law and practice vary by county, from Atlanta to Savannah to Augusta, and outcomes depend on your circumstances.

At Fresh Starts, you can search our Expert Guide by state to find Georgia attorneys, mediators, and custody professionals who can help you protect your children and your home.