DIVORCE AND FORMER SPOUSE LAW
This pamphlet seeks to answer frequently asked questions about divorce in Georgia and about
the Uniformed Services Former Spouse' Protection Act. Even in uncontested cases, divorce is a
legally involved process that causes emotional and financial strain on the parties and their
families. Therefore, it is important to seek legal counsel if an individual contemplates a divorce.
Take the opportunity to consult with an attorney in the Robins Air Force Base (AFB) legal office
so you can approach the divorce with as thorough an understanding of the process as possible.
a. What are the grounds for divorce in Georgia?
1) There are thirteen statutory grounds for divorce in Georgia. Included among these
grounds are adultery, desertion, cruel treatment, habitual intoxication, and habitual drug
2) The statutory ground most commonly used for divorce is that the "marriage is
irretrievably broken," which is commonly called the "no fault" ground. For this ground, the
parties do not specifically complain of each other's conduct, but merely state that their marital
differences are insoluble and request a change of status.
b. What are the residence requirements? One spouse must have lived in the state of
Georgia for six months or Georgia must have been the last domicile of the marriage. This period
is extended to one year for any person residing in Georgia on a military reservation. A
nonresident may file a petition for divorce if the spouse, that is, the Defendant, has been a
resident for six months.
c. Where do you file? A complaint for divorce should be filed in the Superior Court of the
defendant’s county of residence or, if the defendant has recently moved from the state of
Georgia, in the county of the plaintiff’s residence. This would be considered the domicile of the
marriage. Upon the defendant’s consent, the complaint may be filed in the plaintiff’s county of
residence regardless of whether the defendant has moved fro