Can I file for divorce in Georgia if my spouse lives in another state?

Kellyn Kidwell

Georgia managing attorney at Marble Law

Published January 9, 2025 · 3 min read

Key Takeaways

If your spouse lives in another state, you may file for divorce in Georgia as long as you meet the residency requirements.
You must still properly and legally serve your spouse the divorce papers, or your case may be dismissed.
If you can’t find your spouse, you can still file for divorce in Georgia if you’ve resided there for at least six consecutive months. In this case, you may file a motion to serve your spouse by publication in a newspaper.

As if it isn’t already difficult, living in a different state from your spouse can make divorce more complicated. First things first, you need to determine where to file.

If you reside in Georgia, but your spouse resides out of state, you may be able to file for divorce in Georgia. In order to do so, however, you must meet the residency requirement. That means you must have lived in Georgia for at least six consecutive months before filing for divorce. Or, if you’re in the armed forces, you can file for divorce in Georgia if you’ve been stationed at any U.S. army post or military reservation in the state for at least one year.

An image showing the skyline of Atlanta, Georgia at night.

However, even if your spouse resides out of state, you are still required to ensure that your spouse is properly and legally served the petition or complaint for divorce. If you can’t do this, your case may be dismissed.

You may serve your spouse by any of the following:

Deliver it yourself: If your spouse is willing to sign an acknowledgement of service, you can deliver the complaint to them personally. But since your spouse lives out of state, this is likely not an option.
Hire a local sheriff or process server: Both charge a fee, and this fee is typically higher the further they have to travel. Repeated attempts also cost more.

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If you are unable to locate your spouse, you may still file for divorce in Georgia as long as you meet the residency requirements. In this instance, since you’re unable to serve your divorce papers, you may request permission from the court to serve your spouse by publication in the newspaper. To do so, you’ll need to prove that you made an effort to locate your spouse and deliver the divorce papers.

If you’re divorcing someone who lives out of state—and particularly someone who is making it challenging for you to find them—an experienced divorce attorney can be an asset. Your spouse may be trying to “hide” in an effort to avoid paying child support or alimony, and in general, these people often try to make divorce more difficult. They may drag out the process and be less inclined to try mediation or share any important documents. An experienced lawyer likely has faced situations like this before and knows how to proceed with your best interests as their top priority.