Last Updated on January 20, 2026
To get a divorce in 2026, most Georgia counties require you to file electronically through an authorized e-filing provider (such as PeachCourt or Odyssey), which then transmits the paperwork to the Superior Court Clerk’s office. As per the state law, a petitioner must be a Georgia bona fide resident for at least 6 months before filing the Complaint for the court to have jurisdiction over the case. Moreover, for the court’s orders to have binding power over the respondent, the case must be commenced in the county where they reside or where the plaintiff resides if the defendant is nonresident. Exceptions and other terms can be found in the Georgia Long Arm Statute.
What Court Handles Divorces in Georgia?
To file for divorce in Georgia, the petitioner must submit the Complaint to the Superior Court Family Division in the right county stipulated in the corresponding statute. While the Superior Courts have general jurisdiction over all civil and criminal lawsuits, Georgia family courts have the power to hear and issue orders in all cases concerning domestic relations, including matters of divorces, annulments, and separations, child custody, visitation, and support, domestic violence, adoption, paternity, parental rights, etc.
Jurisdiction in Georgia Divorces
Jurisdiction means the legal authority of a specific entity to administer justice. In other words, the court must have the power to hear a certain case, which is subject-matter jurisdiction, and the power to issue binding orders on certain individuals, which is personal jurisdiction.
In Georgia, the superior courts have jurisdiction for divorce cases. According to O.C.G.A. § 19-5-2, the petitioner must be a bona fide state resident for at least six months; however, if the petitioner resides on a U.S. army post or military reservation within Georgia, they must have been a resident there for one year before filing.
Personal jurisdiction over nonresidents is governed by O.C.G.A. § 9-10-91, which in 2026 requires the petitioner to prove the defendant maintains a “matrimonial domicile” or has sufficient “minimum contacts” with Georgia for financial orders like alimony to be enforceable. Georgia superior courts may have the power to issue binding orders on the defendant who lives outside the state if they maintain a matrimonial domicile in Georgia when the action is commenced or lived here before the action was initiated.
Venue in Georgia Divorces
Georgia venue statute defines the locality where a certain lawsuit may be started or filed. It is a county for state courts or a district or division for federal courts. In divorce cases, the venue is usually the county where either party lives or the dispute arises.
According to the divorce requirements for the state of Georgia, the Complaint for Divorce must be filed in the county where the defendant lives. If the defendant moved to a different Georgia county within six months of the filing date, the petitioner may still file in the county of the marital residence, provided it was the county where they both last lived together. If the defendant lives in another state, the petitioner may file in their own county of residence, provided they meet the six-month Georgia residency requirement.
Jay Riley has spent 8+ years researching U.S. divorce procedures, court filing requirements, and state-specific family law processes. Content is based on Georgia law, including publicly available statutes, Superior Court divorce procedures, and official court resources.
