Uncontested Divorce in Georgia

Uncontested Divorce in Georgia – Things You Need to Know

Uncontested Divorce in Georgia – Things You Need to Know

Marriage is a legal relationship recognized by the state. If you decide you are no longer want to be married, you must file for a divorce. (Uncontested Divorce in Georgia)

You must file for the divorce in the state where you or your spouse live. If you or your spouse live in the Peach State, you’ll need to understand Georgia’s divorce laws and work within them.

The good news is that uncontested divorce Georgia rules allow you to end your marriage efficiently. However, you need to know what an uncontested divorce is and whether it is right for you.

What is an uncontested divorce in Georgia?

An uncontested divorce in Georgia occurs when you and your spouse agree on the grounds for the divorce and the resolution of the issues raised toward the end of your marriage.

When you get divorced, there are two ways to resolve major issues: child custody, alimony, division of property, and grounds for divorce.

You can go to trial, and after each piece of evidence, the court can decide on these issues. This is what happens in a contested divorce.

You can decide these issues with your spouse, so litigation is unnecessary.

An uncontested divorce is only possible if you and your spouse can agree on all the terms of your divorce and create a settlement agreement outside of court. If you can’t do that and you need to ask the court to step in, a contested divorce is your only option.

What must you agree to for an uncontested divorce in Georgia?

Many different issues must be settled when a marriage ends. You must agree to them if you want an uncontested divorce. Here are some other issues that you and your spouse should address.

Grounds for divorce

Georgia allows both fault and no-fault divorces. If you file for a faultless divorce, you allege that one party was responsible for the end of the marriage, usually due to wrongdoing such as adultery or abandonment. If you file for a no-fault divorce, you specify that the marriage has broken down irrevocably.

In most cases, if you are interested in an uncontested divorce, a Georgia no-fault divorce is usually the best approach because you will not need to prove fault. You have to file a court petition for divorce on no-fault grounds.

Division of assets and debts

Most couples combine their financial lives when they marry. You may have joint debt that you took on as a couple, such as a mortgage, car loan, or credit card debt. You may also have acquired property together, such as a shared home or furniture.

If you want an uncontested divorce, you need to agree on how all of your property is divided and who is responsible for paying off debts you accrued during your marriage.


In some Georgia divorces, either temporary alimony (payable while the case is pending) or permanent alimony (which means it is not temporary: it can be for a fixed period or life) is awarded.

Alimony is another term for spousal support. This may be appropriate if there is a disparity in earning power, and it makes sense for one spouse to continue to provide financial support to the other.

If you seek an uncontested divorce, you and your spouse must agree on whether alimony will be paid, for how long, and how much it will be paid.

Child support

Child support is another major issue that must be agreed upon if you want an uncontested divorce.

Child support is standard in most cases and is determined according to a formula enacted in a statute. You may deviate from the standard or agree to no child support, but the judge must accept it.

When deciding on child support, you must consider issues such as who will pay for the children to go to college and who will cover the cost of their health insurance.

Child custody

You must also agree on physical and legal custody to get an uncontested divorce.

Physical custody refers to how parenting time will be divided and where the children will live. Legal custody refers to how decisions will be made for children, such as what type of medical care they will receive, where they will go to school, and whether they will receive religious instruction.

The Process of an Uncontested Divorce in Georgia

Georgia law requires you to meet certain requirements to proceed with an uncontested divorce. Specifically, you need to take the following steps.

File for divorce

You can file a petition for divorce with the Superior Court Clerk’s office in the county where your spouse lives. And, you can file in the county where you live if any of the following are true:

  • Your spouse does not live in the state
  • You and your spouse previously lived together in the county where you currently live
  • You can find the forms needed to file for a Georgia uncontested divorce on the Georgia courts website.

Serve your spouse

You will need to notify your spouse that you have filed divorce papers. Personal service may be required, which means your spouse must hand over the documents.

Typically, you can pay a fee to the local sheriff’s office or a private process server to complete this step of the Georgia divorce process.

Your spouse only needs to submit the Acknowledgment of Service Form, which they are prepared to do in an uncontested divorce. Your spouse may also agree to accept services if they are cooperating. This enables you to avoid the personal service of paperwork.

After your spouse receives the notice, they must respond within 30 days, or the court can proceed with a default divorce.

Since you and your spouse agree on the need for a divorce and the issues involved in ending your marriage in an uncontested divorce, it will generally be a simple process with no new allegations or counter-claims.


The court may set a hearing to grant the divorce at any time after 31 days have elapsed after receipt of service or since the divorce papers were served if your spouse has not responded. If they answer, the case can begin to move forward immediately.

The divorce agreement created and agreed upon by you and your spouse will then be approved by the court and become the terms of your divorce.

How much does an uncontested divorce cost?

The cost of an uncontested divorce can vary depending on several factors.

You will need to pay court filing fees, which can total several hundred dollars depending on the county. However, if paying court costs would be a financial hardship, you may be able to request a fee waiver.

Both you and your spouse should usually be represented by attorneys who can guide you through the divorce process, explain your rights, and assist with court paperwork and your divorce settlement

As a result, you will typically have to pay legal fees during a Georgia divorce.

If you and your spouse need help to reach an agreement, you may need to pay for a professional mediator to guide you through negotiating the terms of your divorce settlement.

While these costs can add up, generally, an uncontested divorce is much less expensive than a challenging one.

Do You Need a Georgia Divorce Lawyer for Uncontested Divorce?

A Georgia divorce attorney can help you understand your rights during the divorce process and ensure that you do not enter into a settlement agreement that is not beneficial to your interests.

Working with an attorney can help maximize your chances of coming to an out-of-court settlement on important issues. Your attorney can negotiate and keep emotion out of the process.

For these reasons, you should contact an attorney as soon as possible when you decide to end your marriage. Be sure to seek out an attorney with experience in uncontested divorces in Georgia.

Frequently Asked Questions (FAQs)

How long does it take to get an uncontested divorce in Georgia?

A court in Georgia may grant an uncontested divorce as long as 31 days have passed since the papers were served to your spouse or your spouse signed an acknowledgment of service.

However, due to the complexity involved in resolving divorce issues, the process often takes longer than the required 31-day waiting period. It is not unusual for an uncontested divorce to take several months.

What is the fastest way to get a divorce in Georgia?

An uncontested divorce is the fastest way to get a divorce in Georgia. With an uncontested divorce, you & your spouse agree on the major issues and avoid the need for lengthy litigation.

If you can decide on the issues quickly, you can complete your divorce by providing your spouse with divorce papers after a waiting period of only 31 days.

Do I have to go to court for an uncontested divorce in Georgia?

The rules about whether you must go to court for an uncontested divorce vary depending on your county and your specific situation.

Sometimes, there must be a final hearing where the court officially dissolves your marriage.

The court may enter judgment on the pleadings if lawyers represent both sides. This may mean that a court appearance is not required.

We hope you like our article on Uncontested Divorce in Georgia – Things You Need to Know.

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