Same-Sex Divorce in Georgia

Equal Divorce Rights in Georgia

Since the U.S. Supreme Court’s 2015 Obergefell v. Hodges decision, same-sex marriage has been legally recognized in Georgia. As a result, same-sex couples have the same rights and responsibilities as opposite-sex couples when it comes to divorce.

Georgia courts apply the same laws on residency, custody, property division, and alimony across all marriages. Still, LGBTQ+ couples often face unique challenges — especially if their relationship began years before marriage equality or if legal parentage was never formally established. These realities can complicate what seems at first to be a straightforward process.

Filing for Divorce in Georgia

To file for divorce, one of the following residency rules must be met:

• Either spouse has lived in Georgia for at least six months before filing, or
• If the filing spouse is not a Georgia resident, the other spouse must have lived in Georgia for at least six months.

Cases are filed in the Superior Court of the county where the non-filing spouse lives (unless they have moved out of state, in which case filing may be done in the filer’s county).

Georgia recognizes both fault-based and no-fault divorce. The no-fault option, declaring the marriage “irretrievably broken,” is most common and usually leads to a faster, less stressful process.

Even with no-fault grounds, petitions must meet strict requirements. A missed detail in paperwork or a filing error can mean delays — an unnecessary frustration for couples who want to move forward quickly.

Child Custody and Support

In Georgia, custody decisions are guided by the best interests of the child. Courts make distinctions between legal custody (decision-making authority) and physical custody (where the child lives).

For same-sex couples, issues arise if only one spouse is the legal parent. Georgia generally recognizes parentage through birth certificates, adoption, or court orders. Without these, non-biological parents may face difficulties in securing custody or visitation rights.

Child support follows Georgia’s Income Shares Model, which considers both parents’ gross incomes, the number of children, and child-related expenses such as healthcare and childcare. The formula is strict, and agreements that don’t align with state guidelines are unlikely to be approved.

Because parentage and financial rules are rigid, careful preparation of custody and support agreements is crucial for same-sex parents who want an uncontested divorce.

Property and Debt Division

Georgia is an equitable distribution state. This means property acquired during the marriage is divided fairly, though not always equally. Marital property usually includes assets like real estate, income, vehicles, and retirement accounts gained after the marriage date. Separate property — inheritances, gifts, or assets owned before the marriage — generally stays with the original owner.

For LGBTQ+ couples, property division can feel unfair. Many relationships began years before marriage equality, and assets built together during that time may not legally be considered marital property. Courts often use the legal wedding date as the dividing line, regardless of the couple’s shared history.

Couples who want to keep their divorce uncontested usually reach agreements that account for both the legal framework and the reality of their relationship. Drafting these agreements clearly helps avoid drawn-out disputes.

Spousal Support (Alimony)

Alimony in Georgia is not guaranteed. Courts may award it based on one spouse’s need and the other’s ability to pay. Judges consider:

• Length of the marriage
• Standard of living during the marriage
• Age, health, and earning capacity of each spouse
• Contributions to the household, financial or otherwise

Same-sex couples sometimes face added challenges because the court uses the legal marriage date when calculating the length of marriage. A couple who shared decades together before legalization may see that time excluded, which directly impacts alimony decisions.

When spouses agree on fair support terms in advance, the process usually moves forward more quickly, avoiding disputes that could otherwise prolong the case.

Georgia Uncontested Divorce Timeline

An uncontested divorce in Georgia can be resolved faster than a contested case, but it still requires careful preparation and multiple procedural steps. Courts will not finalize a case unless every document is properly drafted, notarized, and filed according to Georgia law.

1. Drafting the Required Documents

The process begins with drafting a complete set of divorce filings. In Georgia, these often include:

• Complaint for Divorce – filed by the petitioner, stating the legal grounds. Most couples use the no-fault ground of the marriage being “irretrievably broken.”
• Acknowledgment of Service, Consent to Jurisdiction, and Venue – signed by the non-filing spouse if the case is uncontested, showing they accept service and agree to proceed in the chosen county.
• Settlement Agreement – outlining custody, visitation, child support, alimony, property division, and debt allocation.
• Child Support Worksheet and Schedule E – mandatory if children are involved, prepared using Georgia’s Child Support Calculator.
• Parenting Plan – required in cases with children, setting out decision-making authority, visitation schedules, and responsibilities.
• Domestic Relations Financial Affidavit (DRFA) – full disclosure of each spouse’s income, expenses, assets, and liabilities.
• Vital Statistics Form – for state reporting.
• Final Judgment and Decree of Divorce – drafted in advance for the judge to sign.

Consistency is critical. If, for example, the Parenting Plan conflicts with the Child Support Worksheet, or the DRFA figures don’t match the Settlement Agreement, the judge can reject the filing. Drafting correctly from the start is essential.

2. Notarization of Documents

Many divorce filings in Georgia must be notarized, including the Settlement Agreement, Parenting Plan, and Financial Affidavits.

• Traditional notarization: Available at banks, courthouses, or law offices.
• Online notarization: Some Georgia counties now accept Remote Online Notarization (RON), but acceptance is not uniform across the state. Couples must confirm whether their county clerk and judge allow it.

Improper notarization is one of the most common reasons filings are rejected, so this step cannot be overlooked.

3. Filing with the Superior Court

Once all documents are drafted and notarized, the Complaint and supporting paperwork are filed with the Superior Court in the proper county. Jurisdiction rules matter: generally, divorce must be filed in the county where the respondent resides, unless the respondent has moved out of state or consents in writing to venue in the petitioner’s county. Filing in the wrong county can result in dismissal.

4. Service of Process

If the divorce is not a joint filing, the non-filing spouse must be served with the Complaint. In uncontested cases, service is usually waived by signing an Acknowledgment of Service, which must also be notarized. If the spouse refuses to sign, formal service by sheriff or process server is required. Incorrect or incomplete service stops the case from moving forward.

5. Mandatory Waiting Period

Georgia law imposes a 30-day waiting period after service (or acknowledgment of service) before a divorce can be finalized. During this time, the court ensures that all required documents have been filed and that the settlement is legally sufficient. Either spouse may also revoke consent during this window, which would convert the case into a contested matter.

6. Court Review and Final Decree

After the waiting period, the judge reviews the filings. The court checks that:

• Custody and visitation terms serve the best interests of the child.
• Child support follows Georgia’s statutory guidelines.
• The Settlement Agreement is fair, lawful, and internally consistent.
• All affidavits and agreements are properly notarized.

If everything is in order, the judge signs the Final Judgment and Decree of Divorce, officially dissolving the marriage.

Why Even Uncontested Cases Can Become Complicated

Although most uncontested divorces in Georgia can be completed in a few months, the timeline varies by county and judicial workload. Common issues that cause delays include:

• Filing in the wrong county.
• Missing or improperly notarized documents.
• Errors in the Child Support Worksheet or Parenting Plan.
• Settlement Agreements that conflict with financial disclosures.

These mistakes often require revisions and re-filing, extending the process well beyond the minimum waiting period.

Unique Considerations for LGBTQ+ Couples in Georgia

• Parentage gaps: Non-biological parents without adoption or court recognition may struggle to secure rights.
• Property before 2015: Assets acquired before marriage equality often don’t qualify as marital property.
• Privacy concerns: In more traditional areas, many same-sex couples prefer uncontested divorce to avoid unnecessary conflict in court.

These factors highlight why same-sex divorces, while legally equal, sometimes require more careful planning.

Moving Forward with Confidence

Same-sex divorce in Georgia follows the same statutes as any other divorce, but the realities of LGBTQ+ relationships can complicate custody, property, and support. Couples who prepare their documents properly and reach agreements outside of court usually find the process faster, less expensive, and far less stressful.

For many, using an affordable online divorce service tailored to uncontested cases provides the most reliable path. It ensures documents meet Georgia court standards, reduces the risk of rejection, and helps couples move forward with confidence — whether they live in Atlanta, Savannah, Augusta, or anywhere else in the state.