Family Law FAQs

If my spouse lives in a different county, where do I file for divorce?

According to O.C.G.A. § 19-5-2, you must file for divorce in the county where the Defendant resides.  If you are the one who files the divorce complaint, that makes you the Plaintiff, and it makes your spouse the Defendant.  So, if you file first, you would file the divorce complaint in the county where your spouse lives.

How long do I have to live in Georgia before I can file for divorce?

According to O.C.G.A. § 19-5-2, you must be a bona fide resident of Georgia for at least six months prior to filing for divorce.

Can property division be modified after a divorce?

Once a judge issues a final judgment and decree of divorce that divides all marital property, that portion of the decree can only be modified in very limited situations.  Generally speaking, property division provisions cannot be modified after a divorce.  However, child custody, child support, and alimony provisions can generally. be modified upon a showing of substantial change of circumstances.