Divorce in Georgia: Procedure, Property and Children - What to Know Before You File

1. Three routes to divorce

If both spouses agree, the divorce is registered by the State Services Development Agency (divorce registration page) or at a Justice House, on a joint application filed in person or through representatives.

The third route is a notary: under Article 4 of the Law on Civil Acts and the Notary Law, a notary may register divorce within delegated powers. The Notary Chamber publishes a notary map, and visits can be booked through my.gov.ge.

According to a Ministry of Justice order amending the registration rules, the application is accompanied by identification, the marriage certificate and, where relevant, proof of the representative's authority. Rules change, so confirm the current list with the registrar or on the notary services page.

2. When spouses cannot agree

A dispute sends the case to court. Under Article 19(1) of the Civil Procedure Code, a divorce claim is normally filed where the spouses live together, or otherwise at the defendant's residence.

Evidence on property and children is best organised before filing; our court representation team handles such disputes, and earlier rulings can be searched in the Supreme Court database.

3. Property: what is shared

Under Article 1158, property acquired during marriage is presumed common, even when one spouse ran the household without income. Division is by agreement or, failing that, by the court (Article 1164).

Shares are equal by default, but a court may depart from that, for example because of minor children (Article 1168), as this notarial overview explains. A marriage contract (Article 1172) must be notarised and cannot override child support. See also our guide to real estate purchase risks.

4. Children and support

The Children's Rights Code (Article 5) makes the child's best interests the priority, consistent with the UN Convention on the Rights of the Child.

The Constitution (Article 30) rests marriage on equality of spouses, and Article 8 of the European Convention protects family life. Spousal maintenance arises by law or by agreement (Article 1182).

5. Common mistakes

The first is relying on the registry name alone: real estate held by one spouse is presumed that spouse's against good-faith third parties (Article 1160), which does not settle ownership between the spouses.

The second is oral deals, since written, notarised terms prevent disputes. The third is postponing where the child will live until litigation begins.

6. Practical steps

Gather the marriage certificate, title documents and income records.

Never sign a settlement before you understand its consequences.

On a low income, check the Law on Legal Aid: court representation is available only to indigent persons and in suitable cases.

Divorce decisions are hard to reverse. Our civil law team can assess your situation: book a consultation, contact us or read the FAQ.