File For Divorce In Columbia County, Georgia, Filing Process, Required Forms, Costs, And Timeline

Filing for divorce in Columbia County, Georgia requires meeting a 6-month state residency requirement, filing in the Superior Court where your spouse lives, paying $200-$230 in filing fees, and waiting at least 30 days after service for a no-fault divorce. The process starts at Columbia County Superior Court in Evans with specific forms based on whether you have minor children.

Residency Requirements for Columbia County

Either spouse must have lived in Georgia for at least 6 months before filing. Under O.C.G.A. § 19-5-2, this residency period is mandatory—no exceptions.

Venue rules matter. You must file in the Superior Court of the county where your spouse lives. If your spouse lives in Columbia County, you file there. If they live out of state, file in the county where you reside.

Your spouse can waive venue. If both of you live in Georgia but in different counties, your spouse can sign a Waiver of Venue and Jurisdiction allowing you to file in Columbia County instead.

Where to File

Columbia County Superior Court handles all divorce cases. The court is part of the Augusta Judicial Circuit (which includes Burke and Richmond Counties), but you file specifically with Columbia County.

Physical location: Columbia County Justice Center, 640 Ronald Reagan Drive, Evans, GA 30809. The main Superior Court offices are here, though some hearings occur at the historic Columbia County Courthouse in Appling.

Clerk of Superior Court: Cindy Mason serves as Clerk. The Clerk’s office processes all divorce filings, maintains case records, and handles payment of fees.

Filing Fees and Costs

Filing fee: $200-$230 depending on current court fee schedules. Contact the Clerk’s office at the Justice Center to confirm exact amounts before filing.

Service of process costs: $50-$100 additional. You must serve your spouse with divorce papers through the sheriff, marshal, certified process server, or court-appointed adult—you cannot serve them yourself under GA Code § 9-11-4.

Additional motion fees: $20-$100 per motion if you file for temporary custody, support, or other relief during the case.

Poverty Affidavit available. If you cannot afford filing fees, submit a Poverty Affidavit (Pauper’s Affidavit) requesting the court waive mandatory costs.

File for Divorce in Columbia County, Georgia, Step-by-Step Filing Process, Required Forms, Costs, and Timeline

Required Forms for Columbia County

Columbia County provides specific divorce forms on their website at columbiacountyga.gov/286/Superior-Court-Forms.

For Divorce Without Minor Children:

Complaint for Divorce without Minor Children
Financial Affidavit Form
Settlement Agreement without Minor Children (if uncontested)
Acknowledgment of Service (if spouse agrees to accept service)
Waiver of Venue and Jurisdiction (if needed)
Final Judgment and Decree of Divorce
Maiden Name Restoration (if applicable)

For Divorce With Minor Children:

Complaint for Divorce with Minor Children
Financial Affidavit Form
Parenting Plan A or Parenting Plan B
Child Support Addendum
Settlement Agreement with Minor Children (if uncontested)
Acknowledgment of Service
Divorce Education Sites information
Final Judgment and Decree of Divorce
Maiden Name Restoration (if applicable)

Download forms directly from Columbia County’s website to ensure you have current versions with proper formatting. Some counties use specific paper materials, sizes, or barcodes that vary locally.

Grounds for Divorce in Georgia

O.C.G.A. § 19-5-3 establishes 13 grounds for divorce in Georgia:

12 Fault-Based Grounds:

Intermarriage within prohibited degrees (too closely related)
Mental incapacity at time of marriage
Impotency at time of marriage
Force, menace, duress, or fraud in obtaining marriage
Wife’s pregnancy by another man unknown to husband
Adultery after marriage
Willful desertion for one year
Conviction of moral turpitude with 2+ year prison sentence
Habitual intoxication
Cruel treatment
Incurable mental illness
Habitual drug addiction

No-Fault Ground: 13. Marriage is irretrievably broken

Most Columbia County divorces use “irretrievably broken” as the ground. This no-fault option doesn’t require proving your spouse did anything wrong—just that the marriage cannot be repaired. One spouse’s testimony that the marriage is broken is sufficient, even if the other disagrees.

Fault-based grounds require evidence and often lead to contested litigation. They can impact alimony awards and property division but make the process longer and more expensive.

Step-by-Step Filing Process

Step 1: Gather Financial Documents

Before filing, collect:

Tax returns (last 2-3 years)
Bank statements (all accounts)
Retirement account statements
Mortgage documents and property deeds
Vehicle titles and loan information
Credit card statements
Pay stubs or income documentation
Business valuations (if applicable)
Debt records

Complete financial disclosure is mandatory under Georgia Family Code. Hiding assets voids agreements and can result in sanctions.

Step 2: Complete Required Forms

Complaint for Divorce initiates your case. List your ground for divorce, detail what you’re requesting (property division, custody, support), and provide both spouses’ information.

Financial Affidavit discloses all income, assets, debts, and expenses. Both parties must complete this form. Accuracy is critical—false statements constitute perjury.

Settlement Agreement (uncontested cases only) outlines how you’ve divided property, resolved custody, calculated support, and addressed all divorce-related issues. Both spouses must sign.

Parenting Plan (cases with children) details custody schedules, decision-making authority, visitation, holidays, transportation, and how you’ll co-parent.

Step 3: File With the Clerk

Take your completed forms to the Clerk of Superior Court at the Columbia County Justice Center. Bring multiple copies—you’ll need originals for the court, copies for your records, and copies for service on your spouse.

Pay filing fees when you submit documents. The Clerk assigns a case number, officially starting your divorce.

Step 4: Serve Your Spouse

Georgia law requires formal service. You cannot hand papers to your spouse yourself.

Service options:

Sheriff’s department ($50 fee typically)
Marshal or deputy marshal
Certified process server
Court-appointed adult not involved in the case

Acknowledgment of Service offers a simpler alternative. If your spouse willingly accepts the papers and signs the Acknowledgment form, you skip formal service fees.

Your spouse has 30 days to respond after being served. If they don’t respond, you can proceed with a default divorce.

Step 5: Wait 30 Days (No-Fault Divorces)

If you filed on grounds of “irretrievably broken,” Georgia imposes a mandatory 30-day waiting period from the date your spouse is served. The court cannot grant your divorce before this period ends.

Fault-based divorces have no waiting period but require evidence and often hearings.

Step 6: Finalize Your Divorce

Uncontested divorces: If you have a signed Settlement Agreement and all required documents, the judge reviews your paperwork and signs the Final Judgment and Decree without requiring a hearing. Most uncontested Columbia County divorces avoid court appearances.

Contested divorces: If you disagree on custody, property, or support, the court schedules hearings where both parties present evidence. Judges make final decisions on disputed issues.

Once the judge signs your Final Judgment and Decree, your divorce is complete. The Clerk files the decree, and you can obtain certified copies for your records.

Timeline Expectations

Uncontested divorce with agreement: 30-45 days minimum (30-day waiting period plus processing time).

Simple uncontested without complications: 60-90 days typical.

Contested divorce with disagreements: 6 months to 2+ years depending on complexity, discovery, motions, and trial scheduling.

Military cases: Slightly longer due to additional federal protections under the Servicemembers Civil Relief Act. Columbia County handles substantial military divorces due to Fort Eisenhower (formerly Fort Gordon) proximity.

Local Columbia County Court Rules

Columbia County follows standard Georgia divorce procedures but has local practices:

Parenting seminars required for divorces with minor children. You must complete court-approved parenting education addressing how to help children adjust to divorce.

ADR (Alternative Dispute Resolution) encouraged. Columbia County’s ADR program offers mediation to resolve disputes before trial. Fee waivers available for those who qualify.

Judge assignment: Columbia County has three Superior Court judges—Chief Judge Sheryl B. Jolly, Judge Barry A. Fleming, and Judge J. Grady Blanchard. Your case is assigned to one judge who handles it from start to finish.

Local form requirements: Always use Columbia County’s specific forms. While Georgia has statewide forms, local courts may require specific formatting or information.

What Happens After Filing

Case number assignment makes your divorce a matter of public record (though financial details and sensitive information remain sealed).

Court deadlines begin. Your spouse has 30 days to respond. If they don’t, you can request a default judgment.

Temporary orders available. If you need immediate relief for custody, support, or use of property, file a Motion for Temporary Orders. The court can establish temporary arrangements while your divorce proceeds.

Discovery process begins in contested cases. Both parties exchange financial documents, answer written questions (interrogatories), and may conduct depositions.

Settlement negotiations continue throughout. Most divorces settle before trial—judges encourage parties to reach agreements.

Trial date set if settlement fails. Columbia County Superior Court schedules trials based on judge availability and case complexity.

Uncontested vs. Contested Divorce

Uncontested divorce advantages:

Faster (30-90 days vs. 6+ months)
Cheaper ($200-$500 total vs. $5,000-$50,000+)
No court hearing required in most cases
Less stressful and emotionally draining
You control outcomes rather than letting a judge decide

Qualifications for uncontested divorce:

Both spouses agree on all issues
Property division resolved
Custody and visitation agreed upon
Child support calculated
Alimony (if any) determined
No disputed debts or assets

When contested divorce is necessary:

Spouse refuses to cooperate
Disagreement on custody
Hidden assets suspected
Domestic violence present
Complex business valuations needed
Substantial property disputes

Service Requirements

Personal service required. Under GA Code § 9-11-4, someone must hand your spouse the divorce papers and provide proof to the court.

Out-of-state service allowed. If your spouse lives in another state, you can serve them there through that state’s service procedures.

Alternative service for missing spouses. If you cannot locate your spouse, file an Affidavit of Diligent Search detailing your efforts. The court may allow service by publication in local newspapers.

Service proves notice. Your spouse cannot later claim they didn’t know about the divorce if properly served. The Sheriff or process server files proof with the court.

Children and Parenting Issues

Parenting Plans mandatory. Georgia requires detailed parenting plans addressing:

Physical custody schedule
Legal custody (decision-making)
Holiday and vacation schedules
Transportation arrangements
Communication between parents and children
Dispute resolution procedures

Child support follows state guidelines. Georgia uses the Income Shares Model based on both parents’ incomes and custody time. Calculate support using the Georgia Child Support Calculator before filing.

Best interests standard governs. Judges decide custody based on what serves the child’s best interests, considering:

Parent-child relationships
Each parent’s ability to provide care
Home stability
School and community ties
Child’s preferences (if age 14+)
History of family violence
Each parent’s mental and physical health

Joint custody presumed favorable. Georgia courts favor arrangements allowing both parents involvement unless evidence shows harm to the child.

Property Division in Columbia County

Georgia uses equitable distribution—not automatic 50/50 splits. Judges divide marital property fairly based on:

Each spouse’s financial contributions
Non-financial contributions (homemaking, childcare)
Length of marriage
Future earning capacity
Conduct during marriage (waste, adultery)
Needs of children

Marital vs. separate property matters. Assets acquired during marriage are marital property subject to division. Property owned before marriage or received as inheritance/gift typically remains separate.

Retirement accounts divisible. Pensions, 401(k)s, and IRAs earned during marriage are marital property requiring Qualified Domestic Relations Orders (QDROs) for division.

Home equity often split. Houses purchased during marriage are marital property. Courts may award the home to one spouse with offsetting assets to the other, order sale and division of proceeds, or arrange buyouts.

Alimony Considerations

Georgia recognizes two alimony types:

Rehabilitative alimony: Short-term support helping one spouse gain education or training for employment. Typical in shorter marriages where one spouse needs time to become self-sufficient.

Permanent alimony: Long-term support for marriages of 10+ years where one spouse has minimal earning capacity. Continues until death, remarriage, or cohabitation with a romantic partner.

Alimony isn’t automatic. Courts consider:

Length of marriage
Standard of living during marriage
Each spouse’s financial resources
Contributions to marital property
Time needed for education or training
Each spouse’s age and health
Conduct during marriage

Military Divorce Considerations

Columbia County handles many military divorces due to Fort Eisenhower proximity. Special rules apply:

Servicemembers Civil Relief Act (SCRA) protections: Active-duty members can request stays of proceedings if military duties prevent participation.

Military pension division: Requires compliance with Uniformed Services Former Spouses Protection Act (USFSPA). 10/10 rule applies for direct payment from Defense Finance and Accounting Service.

Benefits eligibility: 20/20/20 rule determines if former spouses retain military benefits (20 years marriage, 20 years service, 20 years overlap).

Jurisdiction issues: Military families may qualify to file in multiple states. Choose venue carefully based on residency and deployment status.

Common Filing Mistakes to Avoid

Incomplete financial disclosure: Hiding assets or “forgetting” accounts violates court rules and voids agreements. List everything.

Wrong venue: Filing in the wrong county delays proceedings and requires refiling in the correct location.

Improper service: Handing papers to your spouse yourself doesn’t satisfy Georgia’s service requirements. Use proper service procedures.

Missing signatures: Both spouses must sign Settlement Agreements and Acknowledgments. Unsigned documents won’t be processed.

Unclear custody schedules: Vague parenting plans create future disputes. Be specific about times, locations, and arrangements.

Ignoring deadlines: Missing response deadlines or hearing dates can result in default judgments or case dismissal.

Resources for Columbia County Filers

Columbia County Superior Court website: columbiacountyga.gov/172/Superior-Court

Download forms: columbiacountyga.gov/286/Superior-Court-Forms

Clerk of Court office: clerkofcourtcolumbia.com

Georgia Legal Aid: For low-income individuals needing free legal assistance

State Bar of Georgia Lawyer Referral Service: 404-527-8700 for attorney referrals

Georgia Child Support Calculator: dhs.georgia.gov/child-support-calculator

Court location: Columbia County Justice Center, 640 Ronald Reagan Drive, Evans, GA 30809

When to Hire an Attorney

DIY divorce works when:

Both agree on all terms
Limited assets and debts
No children or agreed custody
Short marriage duration
Neither spouse has significant retirement accounts
No business ownership

Hire an attorney when:

Your spouse hired a lawyer
Significant assets or complex property
Contested custody or support issues
Business valuations needed
Domestic violence present
Retirement accounts require QDROs
Spouse hiding assets or refusing cooperation

Many Columbia County attorneys offer unbundled services—legal help for specific tasks rather than full representation—providing affordable guidance on form preparation, strategy, or settlement negotiation while you handle the filing process yourself.

Frequently Asked Questions

How long does a divorce take in Columbia County?

Uncontested divorces with agreements take 30-90 days. Contested cases range from 6 months to 2+ years depending on complexity and court scheduling. The mandatory 30-day waiting period for no-fault divorces starts when your spouse is served.

Can I get a divorce if my spouse doesn’t agree?

Yes. Georgia allows one spouse to obtain divorce even if the other objects. File on the ground that the marriage is irretrievably broken—one person’s testimony that the marriage is over is sufficient. Your spouse’s disagreement doesn’t prevent the divorce, though contested issues require court hearings.

Do I need a lawyer to file for divorce in Columbia County?

No, you can file pro se (without an attorney) if your divorce is uncontested and straightforward. Columbia County provides all necessary forms. However, attorneys help with contested cases, complex property division, custody disputes, and ensuring you don’t agree to unfair terms.

What if I can’t afford the filing fee?

File a Poverty Affidavit (Pauper’s Affidavit) with the court requesting fee waiver. If approved, the court waives filing costs and service fees. You’ll need to document your income and expenses proving inability to pay.

Can my spouse stop the divorce?

No. Georgia is not a mutual consent state. If you want a divorce and meet residency requirements, your spouse cannot prevent it. They can contest terms like property division or custody, but they cannot force you to stay married.

How is child support calculated?

Georgia uses the Income Shares Model considering both parents’ incomes, custody time, health insurance costs, and childcare expenses. Use the Georgia Child Support Calculator for estimates. The court can deviate from guidelines if justified.

What happens to our house?

The house is marital property subject to division. Options include: one spouse keeps it and buys out the other’s equity, selling and splitting proceeds, or deferred sale until children reach age 18. The court decides if you can’t agree.

Filing for divorce in Columbia County requires careful attention to forms, fees, service rules, and timelines. Meet Georgia’s 6-month residency requirement, file in the Superior Court where your spouse lives, complete all required documents accurately, and follow proper service procedures. Uncontested divorces move quickly and cost less, while contested cases require more time and often attorney assistance. Columbia County provides forms and resources, but complex situations benefit from legal guidance to protect your interests and ensure fair outcomes.

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah