Family · Divorce Residency
Divorce Residency Requirement in Georgia
How long you or your spouse must live in Georgia before filing for divorce, whether a county period also applies, whether one spouse is enough, and how it differs from the wait to finalize. Cited to the statute.
The residency requirement in Georgia
What the state, and any county, period is, whether one spouse suffices, and the exceptions that apply.
| The requirement | What it means |
|---|---|
| State: six months | No court shall grant a divorce to a person who has not been a bona fide resident of Georgia for six months before the petition is filed, under O.C.G.A. §19-5-2. |
| Jurisdictional, not waivable | The six-month residency is jurisdictional. If it is not met the court cannot hear the case at all, and the parties cannot waive the requirement by agreement. |
| Bona fide resident means domicile | Georgia reads "bona fide resident" as domicile, physical presence in the state plus an intent to remain, not just a temporary stay for work or school. |
| No separate durational county clock | The six months is a state figure. Venue is generally the county where the defendant resides, but there is no extra durational county residency for the filing spouse to run in the ordinary case. |
| Exceptions and notes | What it means |
|---|---|
| Nonresident suing a Georgia resident | A nonresident may file for divorce in the county where the respondent lives, against a person who has been a resident of Georgia and of that county for six months before the petition is filed. |
| Military post residence | A person who has lived on a United States army post or military reservation in Georgia for one year before filing may bring the action in any county adjacent to the post or reservation. |
| Venue follows the defendant | When both spouses live in Georgia, the case is generally filed in the county where the defendant resides, though venue can shift to the plaintiff’s county if the defendant is a nonresident or does not object. |
What you can do right now
Concrete, neutral steps to confirm you can file for divorce in Georgia. This is legal information, not legal advice.
- Count six full months before you file
You need six months as a bona fide Georgia resident before the petition is filed. Because the requirement is jurisdictional, filing early can get the case dismissed.
- File in the right county
Venue is usually the county where your spouse lives. If your spouse is not a Georgia resident, you can generally file in your own county.
- Be ready to show domicile
A Georgia driver license, voter registration, employment, and state tax filings help show the physical presence plus intent to remain that "bona fide resident" requires.
- Talk to a Georgia family attorney
Residency, domicile, and venue turn on your facts, especially after a recent move. A licensed Georgia attorney can confirm where and when to file. The State Bar of Georgia can refer you to one.
Residency and venue turn on domicile and dates, especially after a recent move. This resource can connect you with a court self-help center or a licensed family attorney.
→ State Bar of Georgia · Lawyer ReferralThis is general legal information, not legal advice. Domicile, county venue, military service, and the separate wait to finalize can change the answer, so confirm your situation with a court resource or a licensed attorney.
What people get wrong about Georgia divorce residency
Georgia keeps its residency rule to a single number, and that number is strict. Under O.C.G.A. §19-5-2, no court may grant a divorce to a person who has not been a bona fide resident of the state for six months before the petition is filed. This is jurisdictional, so it is not something the two spouses can waive by agreement. If the six months is not met, the court cannot hear the case at all. "Bona fide resident" means domicile, physical presence in Georgia plus an intent to remain, not a temporary stay for work or school. Unlike California, Texas, and Ohio, Georgia does not add a separate durational county residency for the filing spouse. Venue is generally the county where the defendant lives. Two special routes exist: a nonresident can sue a Georgia resident in that resident’s county, and someone who has lived on a Georgia military post for a year can file in an adjacent county.
Common questions
What is the residency requirement to file for divorce in Georgia?
You must have been a bona fide resident of Georgia for six months before filing the petition, under O.C.G.A. §19-5-2. The requirement is jurisdictional and cannot be waived.
Is there a separate county residency requirement in Georgia?
No durational county clock for the filing spouse in the ordinary case. Venue is generally the county where the defendant resides, but the six-month period is a statewide figure.
Can a nonresident file for divorce in Georgia?
Yes, against a Georgia resident. A nonresident may file in the county where the respondent has been a resident of the state and county for six months before the petition.
What counts as a bona fide resident in Georgia?
Domicile, meaning physical presence in Georgia plus an intent to remain. A driver license, voter registration, employment, and state tax filings help show it, rather than a temporary stay.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.