Georgia Divorce Residency Requirements
Georgia law requires that at least one spouse must have lived in the state for six months before filing for divorce. However, if you need to take action immediately, there are legal alternatives available.
If you have not lived in Georgia for six months but wish to be separated from your spouse, you may file for separate maintenance. It should be noted, though, that this is not the same thing as legal separation. There is no formal legal action needed to legally separate in Georgia—you simply must be no longer engaging in marital relations and consider yourself to be in a state of separation.
Separate maintenance, on the other hand, is a legal action you may file that can protect your rights until you are able to file for divorce. A separate maintenance petition can be amended to a divorce petition once you have met the residency requirement.
Failure to Meet Residency Requirements
If you file for divorce before meeting the residency requirement, your petition may be dismissed, in which case you would lose your filing fees.