A Guide to Uncontested Divorce in Georgia from Our Divorce Attorneys

If you’re considering an uncontested divorce in Georgia, it’s important to understand that while divorce is rarely easy, it doesn’t need to be prolonged. When both parties are prepared to agree on key issues, an uncontested divorce is the most efficient route. Hastings Shadmehry is here to guide you through every step with clarity and professionalism.

An uncontested divorce occurs when both spouses can come to an agreement on all major aspects of their separation, such as:

  • Division of assets and debts
  • Child custody and parenting plans
  • Child support arrangements
  • Alimony or spousal support

By resolving these issues in advance, you can save time, money, and stress.

The Uncontested Divorce Process in Georgia

An uncontested divorce can be a more streamlined and less stressful way to end a marriage when both spouses agree on all the major issues. Here’s a detailed look at the steps involved in an uncontested divorce in Georgia:

1. Filing the Petition:
The uncontested divorce process starts when one spouse files a petition for divorce in the Superior Court of the county where either spouse resides. This petition includes basic information about the marriage, the grounds for divorce (which is typically “irretrievably broken” in an uncontested case), and any initial requests regarding the division of property, alimony, or child custody. The filing spouse is referred to as the petitioner, and the other spouse becomes the respondent.

2. Service of Process:
Once the petition is filed, the respondent must be formally notified about the divorce proceedings. This is known as the service of process. In most uncontested divorces, the respondent signs an acknowledgment of service, waiving the need for formal service by a process server. This helps to speed up the process and keeps things amicable between the spouses. If the respondent refuses to sign, a process server or sheriff must deliver the documents.

3. Response:
In an uncontested divorce, both parties agree on all terms before the divorce moves forward. After the respondent receives the petition, they typically file a response agreeing to the terms laid out by the petitioner. The absence of disputes over property division, alimony, child custody, or support makes this step faster and smoother. If there is any disagreement at this stage, the divorce could shift from uncontested to contested.

4. Settlement Agreement:
The settlement agreement is the cornerstone of an uncontested divorce. This legally binding document details all agreed-upon terms, including the division of marital assets and debts, spousal support, child custody, child support, and visitation schedules (if applicable). Both spouses must review, agree to, and sign this document before it is submitted to the court. It ensures that all matters related to the dissolution of the marriage are resolved without the need for litigation.

5. Final Hearing:
After the settlement agreement is submitted, the court schedules a final hearing to approve and finalize the divorce. In most uncontested divorces, this hearing is brief, with the judge reviewing the agreement to ensure it complies with Georgia law and serves the best interests of any children involved. If the judge is satisfied with the terms, they will sign the final judgment and decree of divorce, officially ending the marriage. The parties may not even need to appear in court in certain counties, as some judges approve uncontested divorces based solely on the paperwork.

Even in an uncontested divorce, having experienced legal guidance is essential. Here’s why:

  • Comprehensive Agreement: We ensure that all aspects of your divorce are covered. Overlooking even a small detail can lead to complications down the road.
  • Tax Implications: Our attorneys can help you structure agreements to avoid potential tax consequences.
  • Protecting Your Rights: Even in amicable divorces, having someone look out for your interests is crucial.
  • Legal Expertise: We handle the paperwork and ensure everything is filed correctly, avoiding unnecessary delays.

How Hastings Shadmehry’s Divorce Attorneys Can Help

At Hastings Shadmehry, we bring over 50 years of combined legal expertise to your case. Our team will ensure that:

  • Every aspect of your separation is handled efficiently.
  • Your rights are protected throughout the process.
  • The divorce agreement is sound and future-proof.

Contact Hastings Shadmehry at 770-738-4187 to schedule your consultation and begin your divorce process with confidence.

 

Frequently Asked Questions – Uncontested Divorce in Georgia

How long does an uncontested divorce take in Georgia?
An uncontested divorce in Georgia can be finalized relatively quickly compared to a contested divorce. The fastest possible timeline is 31 days after the respondent has been served with the divorce papers. However, this assumes that both spouses promptly agree on all the terms and there are no delays in filing paperwork or scheduling the final hearing. On average, an uncontested divorce in Georgia takes around 1 to 3 months, depending on the court’s schedule and the complexity of the settlement agreement.
What are the requirements for an uncontested divorce in Georgia?
To qualify for an uncontested divorce in Georgia, both spouses must agree on all key aspects of the divorce, including the division of marital property, child custody, child support, alimony, and any other relevant matters. One spouse must have been a resident of Georgia for at least six months before filing. The grounds for divorce must typically be “irretrievably broken,” which is Georgia’s no-fault ground for divorce.
Do both spouses have to appear in court for an uncontested divorce?
In many cases, both spouses do not have to appear in court for an uncontested divorce. Some counties in Georgia allow the divorce to be finalized based on paperwork alone, especially if no children are involved or if both parties have legal representation. However, if a final hearing is required, typically only one spouse needs to attend to confirm the settlement agreement.
How much does an uncontested divorce cost in Georgia?
The cost of an uncontested divorce in Georgia is significantly lower than that of a contested divorce. While fees vary depending on the case’s complexity and the county, the filing fee typically ranges from $200 to $300. If the parties don’t hire attorneys, the cost may be limited to these court fees. However, attorney fees for an uncontested divorce usually range from $500 to $2,000, making it a more cost-effective option.
What is the difference between collaborative and uncontested divorce?
While both collaborative and uncontested divorces aim to avoid a courtroom battle, they differ in process. In an uncontested divorce, both spouses agree on all terms before filing. Collaborative divorce, however, involves both parties working with attorneys and possibly other professionals to resolve disputes outside court. Collaborative divorce offers more flexibility to address disagreements compared to an uncontested divorce.
Can we file for an uncontested divorce if we have children?
Yes, couples with children can file for an uncontested divorce in Georgia, provided they agree on all child-related matters, including custody, visitation, and support. Both parties must submit a detailed parenting plan, which the court will review to ensure it serves the children’s best interests. If approved, the divorce can proceed as uncontested.
Is mediation required for an uncontested divorce?
Mediation is generally not required for an uncontested divorce, as both parties have already reached an agreement on all terms before filing. However, if disputes arise or there are minor disagreements, mediation can be a useful tool to help finalize the terms. In cases where mediation is necessary, the goal remains to finalize the divorce as uncontested.
Can alimony be part of an uncontested divorce in Georgia?
Yes, alimony can be part of an uncontested divorce if both spouses agree on spousal support terms. The settlement agreement should specify the amount and duration of alimony payments. As long as both parties consent, the court will typically approve the terms unless they are unusually high or low.
Can I represent myself in an uncontested divorce?
Yes, it is possible to represent yourself in an uncontested divorce, known as filing pro se. Many individuals choose this option for straightforward cases without significant assets or disputes. However, it’s advisable to consult an attorney to ensure paperwork is correctly completed and rights are protected.
What happens if we reach an agreement after filing for a contested divorce?
If a couple initially files for a contested divorce but later agrees on all terms, the case can be converted to an uncontested divorce. This change significantly speeds up the process and reduces legal costs. Transitioning to an uncontested process can help avoid a lengthy trial and foster a more amicable resolution.

For specific legal advice tailored to your situation, consult with a family law attorney at Hastings Shadmehry. We provide personalized guidance based on your unique circumstances and the nuances of Georgia law.