Filing a divorce petition is the first step in the divorce process. It is usually filed under the “no fault” provision of the law. You should have legal representation if you have children, assets, or spousal support is an issue. The petition must be filed with the Superior Court of the county in which your spouse lives. After the petition is filed, the Sherriff of that county or an authorized private process server will personally serve your spouse by handing them the divorce petition. Your spouse then has thirty days to file their response.

What is generally included in a divorce petition?

  • Your residency status for the state of Georgia, which is six months before filing
  • The name and residence address of your spouse
  • Date of marriage
  • Date when you and your spouse entered a “bona fide state of separation”
  • The number of children under age 18 and their names, sex, year of birth, and residency
  • Custody and visitation requests
  • Other custody actions which have involved the children born of the marriage
  • Other people with claims to the minor children
  • A request for health insurance
  • A request for life insurance
  • Alimony
  • Marital property claims
  • Marital debt claims
  • Grounds for divorce or “no fault” grounds

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