Cost of divorce in Georgia

Clerk's costs and the sheriff's fee

The Fulton County fee table lists divorce at $223, a little above its general civil action line, and shows the sheriff's service separately at $50 per copy. Most Georgia couples who agree avoid the sheriff: the defendant signs an acknowledgment of service before a notary, and the case starts for the clerk's fee alone. Filings after the decree, such as a petition to modify, carry a post-judgment charge of $58 in Fulton.

The 31, 46 and 61 day marks

Georgia's waiting times sit in the Uniform Superior Court Rules, the rules every superior court follows. With written consent of both parties, an uncontested divorce may be granted any time 31 days after service or acknowledgment of service; an unanswered action any time 46 days after service; service by publication 61 days or more after first publication (Uniform Superior Court Rule 24.6). The calculator shows 31 days because that is the earliest date for a divorce both spouses want. A defendant who is served and does nothing pushes the earliest date further out, and publication, used when the spouse cannot be found, pushes it further still. Contested cases have no fixed end and follow the court's calendar.

The plaintiff, or if the plaintiff is a nonresident the defendant, must have been a Georgia resident for at least six months immediately before filing (statewide self-help Complaint for Divorce form, paragraph 1; O.C.G.A. § 19-5-2). The judicial branch's self-help forms, with and without minor children, are free and walk through residency, venue and service in plain language.

Seminars circuit by circuit

Each superior court circuit may establish a seminar of no more than four hours on the effects of divorce on children and may order parties in domestic relations actions to attend (Uniform Superior Court Rule 24.8); whether it is required depends on the circuit. Where a circuit requires it, the seminar is limited to four hours by the rule, the provider may charge each parent a fee, and the rule requires a waiver procedure for parents who cannot pay. A parent who lives outside the county can be excused.

A Fulton example

Suppose an Atlanta spouse files, has the sheriff serve the other spouse, and pays a lawyer for 8 hours at $250 an hour; the hours and rate are hypothetical, so use your own in the calculator. The county's share is $223, sheriff included $273, and the estimate $2,273. A filer short of money attaches a pauper’s affidavit instead. Child support is worked out on the state worksheet described on the Georgia child support page. Neighbors Florida and North Carolina set their timing by statute.