Georgia has the following legal requirements for obtaining a divorce.
Residency - At the time a party files a divorce petition, he or she must have been a resident of the state for at least six months.
Grounds for divorce - The main ground for a divorce in Georgia is that “the marriage is irretrievably broken.” This means the couple has differences so great, they will never be able to solve them and the only solution is for them to divorce. This is a “no fault” divorce.
Waiting period - The earliest a divorce will be granted is 30 days after the respondent has been served with the divorce petition.
Division of assets - Georgia is an equitable division state, not a community property state. This means that any property acquired by the couple during their marriage, including retirement plans and bank accounts, will be divided in a way the court believes is fair and just. Each party retains his or her own separate (non-marital) property.
Resolution of child custody and visitation - If the issues cannot be resolved between the parties and they are unable to come to an agreement, the court will make the decisions based on what it determines is in the best interest of the children.
Child support and spousal support - If the couple is unable to agree between themselves on these issues, the court will resolve these issues for them.