ga-family-law

name	ga-family-law
description	Use for Georgia family-law matters — divorce, equitable division of marital property, child custody, parenting plans, child support, alimony, family-violence protective orders, legitimation, and paternity. Covers the 13 grounds for divorce (O.C.G.A. § 19-5-3) including no-fault "irretrievably broken", the 6-month residency rule (§ 19-5-2), equitable distribution (*Stokes*; § 19-5-13), the income-shares child-support guidelines (§ 19-6-15), best-interests custody with the mandatory parenting plan (§§ 19-9-3, 19-9-1) and the age-14 child-election quirk, alimony with the adultery/desertion bar (§§ 19-6-1, 19-6-5), the Family Violence Act / TPO (§ 19-13-1 et seq.), the UCCJEA (§§ 19-9-40 to 19-9-104), UIFSA, common-law marriage abolition (§ 19-3-1.1), and legitimation vs. paternity (§§ 19-7-22, 19-7-40). Triggers: "file for divorce in Georgia", "Georgia child support calculator", "equitable division", "custody best interests Georgia", "modify alimony", "TPO Georgia".
version	0.1.0

Georgia Family Law — Divorce, Custody, Child Support, Alimony

NOT LEGAL ADVICE. This subject-matter bundle describes a procedural and substantive framework for Georgia cases in this area, not legal advice and not strategic advice for any specific case. Outcomes are fact-specific; the choice of defenses, claims, motions, and discovery belongs to the litigant (and any counsel the litigant retains). Verify every rule, deadline, and citation against current law before filing. Family-law cases carry significant long-term consequences for property, children, and finances — strongly consider consulting a licensed Georgia family-law attorney even on a "simple" divorce.

This bundle covers the principal Georgia domestic-relations matters: divorce (dissolution of marriage), equitable division of property, child custody and parenting plans, child support, alimony (spousal support), family-violence protective orders, legitimation, and paternity.

Georgia family law is codified primarily in O.C.G.A. Title 19 (Domestic Relations). Divorce, custody, alimony, and equitable division are heard in the Superior Court (O.C.G.A. § 19-5-1). Procedure runs on the Georgia Civil Practice Act (O.C.G.A. Title 9, Ch. 11) and the Uniform Superior Court Rules.

Snapshot — Georgia family-law principles

• Divorce grounds: O.C.G.A. § 19-5-3 lists 13 grounds — 12 fault grounds plus the no-fault ground (#13) that the marriage is "irretrievably broken." Harwell v. Harwell, 233 Ga. 89 (1974), construes "irretrievably broken." A no-fault petition under § 19-5-3(13) cannot result in a divorce until at least 30 days after the date of service on the respondent.
• Residency: a party must have been a bona fide resident of Georgia for six months before filing (O.C.G.A. § 19-5-2). A person stationed on a Georgia military post for one year is treated as a resident.
• Venue: Superior Court of the respondent's county of residence (O.C.G.A. § 19-5-2; constitutional venue for divorce).
• Parties: in a Georgia divorce the moving party is the PETITIONER and the other spouse is the RESPONDENT.
• Property — equitable distribution: Georgia is an equitable-distribution state, not a community-property state. Stokes v. Stokes, 246 Ga. 765, 273 S.E.2d 169 (1980), recognized equitable division of marital property; § 19-5-13 governs the award. Separate property (gifts, inheritance, and pre-marital assets) is generally not divided (O.C.G.A. § 19-3-9) unless it has been commingled into the marital estate.
• Child support — income shares: O.C.G.A. § 19-6-15 uses the income-shares model. Combine both parents' adjusted gross monthly income, apply the Basic Child Support Obligation (BCSO) table, then prorate by each parent's income share.
• Custody — best interests: O.C.G.A. § 19-9-3. No presumption in favor of either parent or any form of custody; the judge (not a jury) decides; a parenting plan is mandatory (§ 19-9-1).
• Alimony — discretionary: O.C.G.A. § 19-6-1 et seq. Alimony is authorized, not mandatory, and is barred where the separation was caused by the seeking party's adultery or desertion (§ 19-6-1(b)).
• Jurisdiction over children: the UCCJEA (O.C.G.A. §§ 19-9-40 to 19-9-104) governs which state may decide custody; UIFSA (O.C.G.A. §§ 19-11-100 to 19-11-191) governs interstate support.
• Common-law marriage: abolished prospectively — no common-law marriage may be entered in Georgia on or after January 1, 1997 (O.C.G.A. § 19-3-1.1); valid pre-1997 common-law marriages remain recognized.

Filing path — Superior Court

Georgia divorce, custody, alimony, and equitable-division actions are filed in the Superior Court (O.C.G.A. § 19-5-1), normally in the county where the respondent resides (O.C.G.A. § 19-5-2). Some high-volume circuits operate a dedicated Family Division by local rule (Fulton and DeKalb have standing Family Divisions; Cobb and Gwinnett run family case-management tracks). Family-division assignment and local domestic-relations forms are venue-specific — cross-reference ga-family-court and the relevant county venue skill.

Case types within domestic relations

Case type	Statute	When to use
Divorce (dissolution of marriage)	O.C.G.A. § 19-5-1 et seq.	Spouses seeking to legally end a valid marriage
Custody / parenting plan	O.C.G.A. §§ 19-9-1, 19-9-3	Determination or modification of legal/physical custody and a parenting plan
Child support (establishment / modification)	O.C.G.A. § 19-6-15	Establish or modify a support obligation
Alimony	O.C.G.A. § 19-6-1 et seq.	Spousal support during or after divorce
Family-violence protective order (TPO)	O.C.G.A. § 19-13-1 et seq.	Protection from a family or household member
Legitimation	O.C.G.A. § 19-7-22	An unwed biological father seeking parental rights
Paternity	O.C.G.A. § 19-7-40 et seq.	Establish biological fatherhood (chiefly for support)

Divorce — the standard path

Step 1 — Verify grounds, residency, and venue

• Grounds (O.C.G.A. § 19-5-3): thirteen grounds are available — twelve fault grounds (including adultery, desertion, cruel treatment, habitual intoxication, and others enumerated in the statute) and the no-fault ground that the marriage is "irretrievably broken" (§ 19-5-3(13)). Most pro se petitions proceed on the no-fault ground. Harwell v. Harwell, 233 Ga. 89 (1974), is the controlling construction of "irretrievably broken."
• Residency (O.C.G.A. § 19-5-2): confirm six months of bona fide Georgia residency before filing. The court will dismiss for lack of jurisdiction if the residency requirement is not met.
• Venue: file in the Superior Court of the respondent's county.

Step 2 — File the Petition for Divorce

The Petition for Divorce identifies the parties (PETITIONER and RESPONDENT), the marriage date, the date and county of separation, any minor children, the grounds relied on, and the relief sought (equitable division, alimony, custody, child support, restoration of a former name, attorney's fees). Many circuits provide approved pro se divorce packets; venue-specific forms are tracked in references/forms.md and the venue skills.

Step 3 — Serve the Respondent

Service follows the Georgia Civil Practice Act (O.C.G.A. Title 9, Ch. 11). The 30-day clock embedded in § 19-5-3(13) runs from the date of service — a no-fault divorce cannot be granted until at least 30 days after the respondent is served. Where the respondent acknowledges service and consents, an uncontested divorce can be finalized shortly after the 30-day minimum; defaults and service-by-publication cases take longer.

Step 4 — Temporary (pendente lite) relief

Either party may seek temporary alimony, temporary child support, temporary custody, exclusive use of the marital residence, and restraints on dissipating assets while the case is pending. The temporary-alimony authority is O.C.G.A. § 19-6-3; attorney's fees in divorce/alimony actions are authorized by § 19-6-2.

Step 5 — Financial disclosure and discovery

The parties exchange financial information needed to value the marital estate and run the child-support worksheet. Use ga-discovery for the mechanics; the child-support worksheet inputs are described below.

Step 6 — Resolution: settlement agreement or trial

• Uncontested / settled: the parties sign a Settlement Agreement (and a Parenting Plan if there are children); the court can enter the Final Judgment and Decree of Divorce after the 30-day minimum.
• Contested: the court (judge, not a jury, decides custody) resolves equitable division, alimony, custody, and child support at a final hearing or bench trial. Either party may demand a jury on the issues a jury may hear in Georgia divorce (e.g., certain property/alimony questions), but custody is decided by the judge (§ 19-9-3).

Step 7 — Final Judgment and Decree

The decree confirms jurisdiction and residency, dissolves the marriage, divides marital property and debt equitably, sets alimony (if any), incorporates the Parenting Plan and a child-support order with the worksheet attached, and restores a former name if requested.

Equitable division of property — O.C.G.A. § 19-5-13

Georgia divides marital property equitably — meaning fairly, which is not necessarily equally. Stokes v. Stokes, 246 Ga. 765, 273 S.E.2d 169 (1980), established equitable division as Georgia's regime; § 19-5-13 governs the equitable award.

Marital vs. separate property

• Marital property — assets and debts acquired during the marriage by the labor or investment of either spouse — is subject to equitable division.
• Separate property — gifts, inheritances, and pre-marital assets belonging to one spouse — is generally not divided (O.C.G.A. § 19-3-9). The classic pitfall is commingling: separate property that is mixed into the marital estate (e.g., inheritance deposited into a joint account and used for marital purposes) can lose its separate character and become divisible.

How the court divides

The court considers the contributions of each spouse (including homemaking and child-rearing), the conduct of the parties toward the marital estate, the relative needs and circumstances of the parties, and other equitable factors. Document the source and tracing of any asset claimed as separate.

Child support — O.C.G.A. § 19-6-15 (income-shares)

⚠ A revised O.C.G.A. § 19-6-15 took effect January 1, 2026, and is now the controlling statute. Pull the current (post-Jan. 1, 2026) text of § 19-6-15 and use the current worksheet and tables — do not rely on figures or worksheet layouts from earlier versions.

Georgia uses the income-shares model. The mechanics:

1. Determine each parent's adjusted gross monthly income.
2. Combine both parents' adjusted gross income.
3. Apply the Basic Child Support Obligation (BCSO) table to the combined income and the number of children to find the presumptive basic obligation. (Verify current BCSO amounts against the post-Jan. 1, 2026 § 19-6-15 schedule.)
4. Prorate the basic obligation between the parents in proportion to each parent's share of the combined income.
5. Apply adjustments / add-ons: the cost of the child's health insurance, work-related child care, and a parenting-time adjustment.

The result is the rebuttable presumptive amount. A court may deviate from the presumptive amount, but a deviation requires written findings explaining the basis and why the deviation serves the child's best interest. A self-support reserve / low-income adjustment protects a low-earning obligor.

Use the official calculator

The Georgia Child Support Commission publishes the official online child-support calculator and worksheet (csconlinecalc.georgiacourts.gov). Courts expect the worksheet to be completed and submitted; run the numbers with the calculator and attach the worksheet to the order. (Confirm the calculator reflects the post-Jan. 1, 2026 § 19-6-15 revisions before relying on output.)

Modification — O.C.G.A. § 19-6-15(k)

A child-support order may be modified on a substantial change in circumstances. Section 19-6-15(k) recognizes modification where a parent has suffered an involuntary loss of income of 25% or more, among other triggers. Verify the current modification provisions in the post-Jan. 1, 2026 statute.

Custody and parenting plans — O.C.G.A. §§ 19-9-1, 19-9-3

Best-interests standard

Custody is decided by the best interests of the child (O.C.G.A. § 19-9-3). There is no presumption favoring either parent or any particular custody arrangement, and the judge — not a jury — decides custody. The court weighs the statutory factors at § 19-9-3(a)(3) (the parent-child bond, each parent's capacity to provide for the child, home stability, the child's adjustment, and the like). Where family violence is present, the child's safety is the primary consideration (§ 19-9-3(a)(4)).

Mandatory parenting plan — O.C.G.A. § 19-9-1

A parenting plan is mandatory in any case involving custody. The plan must address the physical-custody schedule (regular, holiday, and vacation time), decision-making authority (education, health, religion, extracurriculars), transportation/exchange arrangements, and how the parents will resolve future disputes.

Child election — the Georgia age-14 quirk

Georgia gives older children a statutory voice in custody:

• Age 14 and older (§ 19-9-3(a)(5)): a child may select the parent with whom the child wishes to live, and that selection is controlling unless the selected parent is determined not to be in the child's best interest. A child's election can constitute a material change in circumstances sufficient to seek modification — but the election may be exercised to modify custody only once within a two-year period.
• Ages 11–13 (§ 19-9-3(a)(6)): the court considers the child's desires and educational needs, but the child's choice is not controlling, and the child's wishes alone do not constitute a material change in circumstances.
• Under 11: the court may consider the child's wishes in its discretion, but is not required to.

Modification of custody

Modification requires a material change in circumstances affecting the child's welfare, after which the court re-applies the best-interests standard. Section 19-9-3(i) provides protections related to a parent's military deployment.

Alimony — O.C.G.A. § 19-6-1 et seq.

Authorized, not mandatory

Alimony is an allowance for support that a court may award — it is discretionary, not mandatory (O.C.G.A. § 19-6-1(a)). Either spouse may be the obligor.

The adultery / desertion bar — § 19-6-1(b)

Alimony is barred to a party whose adultery or desertion caused the separation, proved by a preponderance of the evidence (O.C.G.A. § 19-6-1(b)). This fault bar is a distinctive Georgia feature — the conduct must be the cause of the separation.

The eight factors — § 19-6-5

When alimony is allowed, the amount and duration turn on the eight statutory factors (O.C.G.A. § 19-6-5): the standard of living during the marriage; the duration of the marriage; the age and physical/emotional condition of each party; the financial resources of each party; the time needed to acquire education or training to find employment; the contributions of each party to the marriage (including homemaking, child care, and assistance to the other spouse's career); the earning capacity and fixed liabilities of each party; and any other relevant equitable factors.

Temporary alimony and fees

Pendente lite (temporary) alimony while the case is pending is authorized by O.C.G.A. § 19-6-3; attorney's fees in divorce and alimony actions are authorized by O.C.G.A. § 19-6-2.

Termination and modification — § 19-6-19

Alimony terminates upon the remarriage of the recipient. Post-decree, alimony is modifiable on a change in circumstances under O.C.G.A. § 19-6-19, which also includes the Georgia cohabitation ("live-in lover") provision — voluntary cohabitation of the recipient with a third party in a meretricious relationship can support modification or termination.

Family-violence protective orders (TPO) — O.C.G.A. § 19-13-1 et seq.

The Family Violence Act provides civil protective orders for victims of family violence.

• Definition and qualifying relationships (§ 19-13-1): "family violence" covers certain acts — simple assault, battery, stalking, criminal damage to property, unlawful restraint, criminal trespass, and any felony — committed between people in a qualifying relationship (current or former spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and others living or formerly living in the same household). Reasonable parental discipline is excluded.
• Venue (§ 19-13-2): the petition is generally filed where the respondent resides.
• Ex parte TPO (§ 19-13-3): the court may issue an ex parte temporary protective order lasting up to 30 days, with a hearing required before the order can be extended.
• Protective order (§ 19-13-4): after a hearing, the court may enter a protective order for up to one year, extendable to three years or made permanent. Available relief includes no-contact directives, exclusive use of the residence, temporary custody and visitation, temporary support, and possession of property.
• No filing fee; the GSCCCA publishes the standard TPO forms (the SC-15 / SC-16 series). Cross-reference references/forms.md.

Jurisdiction over children and interstate support

UCCJEA — O.C.G.A. §§ 19-9-40 to 19-9-104

The Uniform Child Custody Jurisdiction and Enforcement Act determines which state may make or modify a custody determination. The general rule is home-state jurisdiction (O.C.G.A. § 19-9-61) — the state where the child has lived with a parent for the six months before the proceeding. Temporary emergency jurisdiction exists where the child is present in Georgia and is abandoned or needs protection from mistreatment or abuse (O.C.G.A. § 19-9-64).

UIFSA — O.C.G.A. §§ 19-11-100 to 19-11-191

The Uniform Interstate Family Support Act governs the establishment, enforcement, and modification of support orders across state lines and the rule of continuing, exclusive jurisdiction over a support order.

Common-law marriage — O.C.G.A. § 19-3-1.1

Georgia abolished common-law marriage prospectively: no common-law marriage may be entered in Georgia on or after January 1, 1997 (O.C.G.A. § 19-3-1.1). Common-law marriages validly formed before January 1, 1997 remain recognized. A party asserting a pre-1997 common-law marriage in a divorce must plead and prove its formation.

Legitimation vs. paternity

These are different proceedings and are frequently confused.

• Legitimation — O.C.G.A. § 19-7-22: legitimation is the Superior Court process by which the biological father of a child born out of wedlock obtains legal parental rights (custody, visitation, inheritance). Apart from marrying the mother or a valid voluntary acknowledgment of legitimation, legitimation is the only way an unwed biological father acquires parental rights. Section 19-7-22(h) also addresses third-party legitimation.
• Paternity — O.C.G.A. §§ 19-7-40, 19-7-43: paternity establishes the biological fact of fatherhood, chiefly so a support obligation can be imposed.
• Key point: paternity is not legitimation. Establishing paternity (e.g., for child support) does not by itself confer custody or visitation rights on the father — the father must legitimate the child to obtain those rights.

Common pro se mistakes

1. Filing before meeting the six-month residency (§ 19-5-2) — the court will dismiss for lack of jurisdiction.
2. Expecting an instant no-fault divorce — § 19-5-3(13) bars a divorce until at least 30 days after service.
3. Treating Georgia as a community-property (50/50) state — it is equitable distribution; division is fair, not automatically equal (Stokes; § 19-5-13).
4. Losing separate property through commingling — keep gift/inheritance/pre-marital assets segregated and traceable (§ 19-3-9).
5. Skipping the official child-support worksheet — courts require the Georgia Child Support Commission worksheet; run the current (post-Jan. 1, 2026) § 19-6-15 calculator.
6. Omitting a parenting plan — a parenting plan is mandatory in any custody case (§ 19-9-1).
7. Assuming a 14-year-old's choice always controls — the selection is controlling only if the selected parent is in the child's best interest, and the election may modify custody only once every two years (§ 19-9-3(a)(5)).
8. Seeking alimony after one's own adultery or desertion caused the separation — alimony is barred (§ 19-6-1(b)).
9. Establishing paternity and assuming it grants visitation — an unwed father must legitimate (§ 19-7-22), not merely establish paternity, to obtain custody/visitation.

Composition

• For statewide format baseline: ga-statewide-format
• For the dedicated Family Division and family-court procedure: ga-family-court
• For the specific venue (Family-Division assignment, local domestic-relations forms): ga-fulton, ga-cobb, ga-gwinnett
• For drafting the petition / motion: ga-draft-motion
• For affidavits / declarations: ga-draft-declaration
• For the proposed final decree / order: ga-draft-order
• For time computation and Georgia holidays (the 30-day post-service minimum, answer deadlines): ga-deadlines
• For citation verification: ga-fact-check
• For pre-filing format + content QC: ga-quality-check

References

• references/dissolution.md — divorce grounds (§ 19-5-3), residency (§ 19-5-2), venue, the 30-day post-service minimum, and the step-by-step procedure
• references/property-distribution.md — equitable division (Stokes; § 19-5-13), marital vs. separate property, and commingling (§ 19-3-9)
• references/child-support.md — income-shares mechanics, BCSO table, add-ons, deviations, and modification (§ 19-6-15; flag the Jan. 1, 2026 revision)
• references/parenting-plan.md — mandatory parenting-plan elements (§ 19-9-1) and a Georgia-style scaffold
• references/alimony.md — discretionary award, the adultery / desertion bar, the eight factors, termination, and modification (§§ 19-6-1, 19-6-3, 19-6-5, 19-6-19)
• references/family-violence-tpo.md — Family Violence Act, ex parte TPO, protective-order relief and duration (§ 19-13-1 et seq.)
• references/uccjea.md — home-state and emergency custody jurisdiction (§§ 19-9-40 to 19-9-104)
• references/uifsa.md — interstate establishment, enforcement, and modification of support (§§ 19-11-100 to 19-11-191)
• references/legitimation-paternity.md — legitimation (§ 19-7-22) vs. paternity (§§ 19-7-40, 19-7-43) and why they differ
• references/common-law-marriage.md — prospective abolition and the pre-1997 carve-out (§ 19-3-1.1)
• references/forms.md — annotated index of Georgia and venue domestic-relations forms (divorce petition, parenting plan, child-support worksheet, GSCCCA TPO SC-15/SC-16 series)
• references/examples/ — worked Georgia examples