Divorce Lawyers in Georgia - Grounds and Procedure

We are a team of lawyers in who specialize in various areas of the Civil Law, including divorce cases in Georgia. Our article presents the grounds and the steps of the divorce procedure in this country. We kindly invite you to reach out to our divorce lawyers in Georgia for personalized advice on how to proceed in such a situation.

Quick Facts
Grounds for divorce in Georgia	– adultery, – conviction or imprisonment, – addictions, – leaving conjugal home, – abuse, – personal reasons, etc.
Uncontested divorce – characteristics	A type of divorce where both spouses mutually agree to end their marriage without significant conflict or litigation.
Contested divorce – characteristics	Spouses who cannot agree on divorce matters proceed to court, where they can be represented by our Georgian lawyers.
General documents required for divorce	– ID documents, – proof of marriage, – divorce application, – financial statements, – list of personal properties, etc.
Division of assets	Will be settled by the Court, depending on the length of the marriage, financial contributions, prenuptial agreements, etc.
Child custody	The court will decide the custody, to ensure the child's well-being, and safety.
Child support	Settled by the court, according to the parent's income, expenses, number of children, etc.
Officially registering a divorce	Once the divorce decree is issued by the court, it must be registered with the Public Service Development Agency in Georgia.
Inadmissible divorce	If the wife is pregnant or has given birth to a child within the past year, the husband cannot request a divorce without the wife's permission during this period.
Payment of debts after divorce	Can be paid using personal assets or share of property acquired during the marriage.
Examples of annulled marriages	– underage spouse, – sham marriage, – forced marriage, – mentally incapacitated spouse, etc.
Spousal support	Determined by the court based on factors such as: the financial needs of the entitled spouse, the financial capacity of the supporting spouse, etc.
Relieving spousal support	– if the marriage was short-lived, – if the spouse seeking support acted dishonestly, – if the seeking spouse is unable to work due to issues like addiction or criminal behavior
Assistance (YES/NO)	YES, our attorneys in Georgia handle divorce cases and can represent you in court.
Additional services provided by our law firm in Georgia	– company formation, – accounting, – immigration, – buying property in Georgia
Remote divorce in Georgia (YES/NO)	YES, our Georgian lawyers will explain this process to you.
Timing of divorce registration	The registration of divorce typically occurs within 5 working days after submitting the application.
Name change for children after divorce	Parent must have primary custody; Child must provide consent if he/she is above 10 years old.
Name change for spouses after divorce	Individuals can keep their last name or use the last name they had before marriage.
Living in rented properties after divorce	If spouses can't agree on who will live in a rented place, the court will decide for them.
Situations for granting a divorce on request by one spouse	– If the other spouse is declared missing; – If the other spouse is declared legally incapacitated due to mental illness or mental retardation; – If the other spouse is sentenced to at least three years of imprisonment.
Right to re-marry (YES/NO)	YES
New marriage without official divorce	The previous marriage can be considered as ended from the date of the new marriage registration, but only if both the person and his/her previous spouse agree to it officially.
Removal of parental rights after divorce	If the court determines that the separated parent is harming the child's well-being.
Divorce in Georgia for foreign citizens	Foreigners who are divorcing in Georgia do not need permanent residency or citizenship for the procedure.
Disinheritance for separated spouses	If a married couple has lived apart for at least three years, the court can prevent the separated spouse from inheriting the deceased person's assets.
Inheritance rights for divorced spouses	Former spouses do not have the legal right to inherit from their ex-spouse upon his/her death.
Procedures of divorce in Georgia	Are outlined in the Civil Procedure Code of Georgia.
Total duration of a divorce case in Georgia translators	Depends on the complexity of the case. Our attorneys will try to solve the procedure as quickly as possible.
Other family law disputes in Georgia	– paternity establishment, – single-parent status, – parental rights and duties, etc.

What types of separation procedures are recognized in Georgia?

A divorce in Georgia can take place through legal separation and the final divorce. There is also the matter of marriage annulment.

Where can I initiate the divorce procedure in Georgia?

In Georgia, divorce hearings take place in:

The House of Justice;
specialized courts.

What are the grounds for divorce in Georgia?

In order to be acknowledged by a Georgian court, a divorce must be requested by one or both spouses on specific grounds. There are multiple grounds for divorce accepted under the Georgian legislation, and among these, we mention the most common:

adultery of any of the spouses;
conviction and imprisonment of one of the spouses;
drug abuse, alcoholism and other similar addictions;
mental illness and lack of mental capacity;
leaving the conjugal home.

What is the uncontested divorce in Georgia?

The amicable or uncontested divorce is the simplest way of separation as the spouses reach an agreement on terminating the marriage and the application is filed jointly.

How can I initiate court proceedings in the case of non-amicable divorce in Georgia?

In this instance, one of the spouses must file a petition with the court alongside supporting documents which relate to the unilateral decision to ask for termination.

The infographic below presents what you should take into consideration when divorcing in Georgia:

What documents must I prepare for the divorce procedure in Georgia?

The important aspect to consider here is whether the procedure is a contested or non-contested one. The simple way of getting divorced in Georgia is for the spouses to file a joint application which will imply submitting the following documents with the court:

the petition for divorce;
a marital settlement contract with respect to the division of assets;
an agreement referring to the custody of children, if it is the case.

How is asset division made in the case of a divorce?

The division of the assets can be established by a judge (civil cases are not heard by juries in Georgia), unless the spouses agree on it themselves. It should be noted that, in most cases, only the assets acquired by spouses during the marriage will be taken into consideration upon separation of the goods. These can include: the marital home, money kept in joint bank accounts, jewelry, and other goods.

What are the rules for custody in Georgia?

Georgia recognizes joint custody as the standard approach toward minor children upon the dissolution of a marriage. This means that, from a legal point of view, both parents have equal rights regarding their children. However, in practice, physical custody generally implies that the child will live with one parent who is the resident parent, while the other parent will obtain visitation rights.

Is it possible to lose the custody of a minor child?

This happens rarely in practice, but yes, it is possible in cases where one of the parents has committed child abuse, neglect, is a substance addict, suffers from mental health issues, or is deemed as an unfit parent.

How long does it take to divorce in Georgia?

It depends on the type of divorce the parties will initiate. In the list below, you can observe the shortest amount of time in which a divorce procedure can be terminated:

amicable divorce – the procedure can be completed in 5-6 working days since the submission of documents (this can be the case of spouses whoagree on the terms of the divorce and who do not have minor children);
contested divorce – it can take at least several months (3 to 6 in general), but, depending on the particularities of the case, its duration can increase to more than 1 year.

Is it necessary to appear in court?

It depends on the divorce type you initiate. If you start an amicable divorce, the procedure does not involve the participation of the spouses, as the procedure will be completed based on the paperwork submitted by the parties. However, in a contested divorce, the physical participation of the spouses is required.

Are there any circumstances when a divorce request can’t be accepted?

Yes. Whilespouses can freely divorce in Georgia, and the procedure is simpler than in other countries, it must be noted that there are certain limitations on the right to request a divorce. This can happen in the following circumstances, established by law:

ahusband can’t divorce his wifewhen the wife is pregnant;
the husband can’t file for divorce after the birth of a child (the rule applies for the child’s first year of life).

Can I divorce in Georgia as a foreigner?

Yes, it is possible to divorce in Georgia as a foreigner. Our lawyer in Georgia can present the main rules applicable in this case.

For assistance in litigation related to separation, please contact our divorce lawyers in Georgia.