Meriwether & Tharp, LLC
6788799000 Meriwether & Tharp, LLC 6465 East Johns Crossing; Suite 400 Varied
If you have divorce questions

A Comprehensive Guide to Divorce, Custody, and Support

Posted by Rebekah A. James on 04/20/2026

Family Law in Georgia

Important family issues are generally regulated at the state level. Georgia' s wide body of family law governs things like marriage, divorce, property rights, paternity, child custody, child support, and adoption. Our Georgia family lawyers can answer your questions about the law concerning family law issues.

An Overview of the Divorce Laws in Georgia

Standard for Divorce

In the United States, divorce law is governed at the state level. While Georgia's divorce laws share many similarities with those of neighboring states, there are several important distinctions to understand.

The primary statute governing divorce in Georgia is O.C.G.A. § 19-5-1. Georgia recognizes both no-fault and fault-based grounds for divorce. Most divorces are filed on a no-fault basis, requiring only that one spouse assert the marriage is irretrievably broken. However, fault-based divorces remain available, and Georgia law provides 13 specific statutory grounds under which a party may seek a divorce based on fault.

Residency Rules

You can get divorced in Georgia even if you originally got married in another state (or even another country). However, you must satisfy the residency requirements. Most notably, at least one spouse must have been a resident of Georgia for six months before filing the divorce action. The case must be filed in the superior court of the county where the defendant resides.

Property Division

Property division is a key issue in Georgia divorce cases. Our state applies the doctrine of equitable distribution when dividing marital property. Courts classify property as marital or separate and then divide marital assets in a manner the judge considers fair under the circumstances. Equitable distribution does not necessarily require equal division. Instead, Georgia law requires a fair split of the marital property and assets.

Spousal Support

Georgia courts may also award alimony (spousal support) when appropriate. However, alimony is by no means awarded in every divorce case. Judges evaluate the financial needs of the requesting spouse and the ability of the other spouse to pay. The court may order temporary support during the divorce proceeding or long-term support after the final decree.

Understanding Child Custody Laws in Georgia

Child custody disputes in Georgia focus on the best interests of the child. Courts possess broad discretion when determining custody arrangements because each family situation presents unique circumstances. Georgia law distinguishes between legal custody and physical custody. It is useful for parents to understand the distinction between the two forms of custody:

  • Legal Custody: Legal custody refers to decision-making authority regarding the child's upbringing. Parents with legal custody make decisions involving education, healthcare, religious upbringing, and other major aspects of the child's life.
  • Physical Custody: Physical custody concerns where the child primarily resides. One parent may receive primary physical custody while the other receives scheduled parenting time.

What to Know About Paternity and Child Support in Georgia

Paternity plays a critical role in establishing parental rights and financial responsibilities for children born outside marriage. When the parents are married, paternity is assumed for the man. However, paternity must be established if the parents are not married.

Georgia law recognizes several mechanisms for establishing paternity. Parents may sign a voluntary acknowledgment of paternity at the child's birth. Alternatively, either parent may file a legal action requesting that the court determine paternity through genetic testing.

Once paternity is legally established, the court may enter orders addressing custody, visitation, and child support obligations. Child support in Georgia follows statutory guidelines established in O.C.G.A. § 19-6-15. The guidelines use an income shares model designed to approximate the financial support the child would receive if both parents lived together. Deviations from the child support guidelines are possible, but the parent seeking one must prove that it is warranted.

The Law for Adoption

Adoption allows people to establish a permanent legal parent-child relationship when biological parental rights have been terminated or relinquished. Prospective adoptive parents must file a petition for adoption in the appropriate superior court. The process typically involves a home study investigation, background checks, and evaluation of the petitioner's suitability to provide a stable home environment. The court reviews these materials to determine whether the proposed adoption serves the best interests of the child.

How Family Courts Work in Georgia

Family law disputes in Georgia typically proceed in the superior courts, which possess jurisdiction over divorce, custody, child support, and adoption matters. These courts operate under procedural rules that govern pleadings, discovery, and hearings. A family law case often begins with the filing of a petition seeking relief from the court. The opposing party receives formal notice and may respond through an answer or counterclaim.

Notably, because family law cases are time-sensitive, courts in Georgia may issue temporary orders addressing custody, support, and property use while the case remains pending. These orders provide stability for the parties and children during the litigation process. If the parties cannot resolve their disputes through negotiation or mediation, the case proceeds to trial before a superior court judge.

Meriwether & Tharp is a Leader in Family Law in Georgia

Family law is complicated. Whether you are going through a divorce, a child custody case, a child support case, or any other matter; professional guidance and support can make a big difference. At Meriwether & Tharp, LLC, we put clients first. As attorneys who are well-versed in Georgia law, our team is prepared to invest the time, resources, and attention to detail to help you achieve the best outcome. A confidential consultation with a Georgia family lawyer is just a phone call away.

Contact Our Georgia Family Law Firm for a Confidential Consultation

At Meriwether & Tharp, LLC, our Georgia family law team is standing by, ready to protect your rights. If you have any questions or concerns about any type of family law issue, we are here as a resource you can trust. Contact us for a free telephone consultation. Our firm has many offices throughout Georgia.

Categories:

Divorce Process
Back to Blog