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Under Georgia law, a mandatory waiting period of 30 days applies after filing a Petition for Divorce with the Superior Court. This waiting period must pass before a judge may grant a Final Judgment and Decree of Divorce. Commonly referred to as a “cooling-off period,” this timeframe is intended to allow both parties to reflect on their decision and, if possible, reconcile before the divorce is finalized.
Filing promptly allows the waiting period to begin sooner and may help expedite the overall timeline. However, there is no guarantee that the judge will sign the Final Judgment immediately after the 30-day period ends. Timing depends on the judge’s availability and the court’s caseload.
O.C.G.A. § 19-5-3
“No court shall grant a divorce until 30 days after the filing of the complaint.”
×In Georgia a Petition or Complaint for Divorce is a legal document that when filed with the appropriate superior court initiates a dissolution of marriage proceeding with the court.
The petition must be filed with the Superior Court in the County where either spouse has resided for at least 90 days. In order to file a petition for divorce in Georgia either spouse must have been a resident of Georgia for at least six months.
A petition for divorce does not legally end the marriage. In order to finalize and complete a divorce a judge must sign a Final Judgment for Dissolution of Marriage at any time before the judge signs the Final Judgment a Petition for Dissolution may be withdrawn by the spouse who filed the Petition with the court. Except in cases of domestic violence, no judge can sign a Final Judgement for Dissolution of Marriage until at least 21 days has passed from the time the Petition was filed with the court.
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