Crystal Wright | September 19, 2024 | Divorce

How Long Do You Have To Be Separated Before Divorcing In Georgia?

You may have heard of necessary separation periods before asking for a divorce. However, Georgia does not mandate a specific separation period. Here is what you need to know about separation and its implications for your divorce in Georgia.

No-Fault Divorce 

Georgia recognizes no-fault and fault-based grounds to get a divorce. In a no-fault divorce, you do not have to prove wrongdoing is responsible for the end of your marriage. Instead, you can file for divorce on the grounds that your marriage is “irretrievably broken” and there is no chance of reconciliation. 

With this ground for divorce, the court will not order a divorce until at least 30 days after the divorce complaint is served on your spouse. You may be separated during this time, but a legal separation agreement is not necessary to file for divorce. 

Separation Period 

Unlike some other states, Georgia does not prescribe a mandatory separation period before filing for divorce. Therefore, you do not have to be separated for six months, one year, or two years before you file for divorce. However, you or your spouse must meet the residency requirement before you can file for divorce.

Residency Requirement 

Georgia law requires that at least one spouse be a bona fide resident of Georgia for at least six months before filing a divorce petition. Special rules apply to members of the military who must be a resident of the Army post or military reservation within the state of Georgia for at least one year before they can file a petition for divorce. 

Fault-Based Grounds

Georgia also allows a spouse to request a divorce on fault-based grounds, which include: 

  • Adultery
  • Desertion
  • Cruel treatment, which involves the willful infliction of mental or physical pain
  • Habitual intoxication or drug addiction
  • Impotency at the time of the marriage
  • Mental incapacity at the time of the marriage
  • Incurable mental illness
  • Force, menace, duress, or fraud in entering the marriage
  • The wife’s pregnancy by another man at the time of the marriage unknown to the husband
  • Conviction of a crime of moral turpitude resulting in a prison sentence of two years or longer
  • Intermarriage by people closely related 

Georgia law does not limit how long you have to wait before you can get a divorce on these grounds. However, it will likely take longer than filing based on no-fault grounds because you have to prove the grounds before establishing your right to divorce.

How Long Will My Divorce Take in Lawrenceville?

Even though Georgia does not require a waiting period or specific time for you to be separated before you can file for divorce, the divorce can take some time to complete. Divorce involves many legal and financial implications, including:

  • The division of marital assets and debts
  • Spousal support
  • Child support
  • Child custody

It may take time for you and your spouse to reach an amicable agreement regarding these complicated matters that can affect your future for years to come. If you and your spouse cannot agree on these terms, the case will proceed to trial, which requires preparation, discovery, and getting on the court’s docket.

If you are considering divorce, you might also be considering getting a legal separation. Divorce and legal separation are two distinct legal concepts. In a legal separation, you can live apart and make decisions about your finances and property without legally ending your marriage. In divorce, the court terminates the marriage, making you and your spouse available to marry other people. 

A legal separation allows couples to live independently while keeping some of the legal benefits of marriage. You can request that a court issue orders regarding spousal support, child support, and visitation during a legal separation. However, it is not necessary to first file for legal separation before filing for divorce.

Your separation date can impact asset division and alimony, while the arrangements you made regarding child custody and visitation can set a precedent. It’s vital to understand these implications when you file for divorce. An experienced family law lawyer from Crystal Wright Law, LLC can explain these complex issues to you. Contact us for a complimentary consultation to discuss your particular situation.

To learn more and get the help you deserve, contact our legal team at Crystal Wright Law and schedule your consultation today.

We serve all through Lawrenceville, Georgia in Gwinnett County and its surrounding areas. Visit our law firm today at

Crystal Wright Law Lawrenceville
440 S. Perry Street, Suite 105
Lawrenceville, GA 30046
(404) 891-0134