The Uncontested Divorce Process

uncontested divorce process

We’re here for you if you’ve decided it’s time to get a divorce. We know that coming to this decision wasn’t easy, and you are ready for the turmoil of the legal separation process to be over. Divorce can be emotional, but there are ways to make the process smoother for both parties. If you and your spouse are both mutually ready for a divorce but want to avoid a long, drawn-out process, you may consider an uncontested divorce.

What is an Uncontested Divorce in Georgia?

An uncontested divorce requires a mutual agreement between spouses, where both partners have agreed to both the divorce and ALL of the conditions of the divorce. Because both parties agree to all the provisions in the divorce decree, an uncontested divorce is the fastest and most straightforward type of divorce available in Georgia.

To proceed with this type of divorce, both partners must agree on issues regarding the following:

Uncontested Divorce Cost

An uncontested divorce involves less paperwork and court hearings to finalize than a contested divorce, so it costs way less money than a traditional divorce. If you hire a divorce lawyer to help you file for your divorce, you will pay them either a flat fee or an hourly rate. You could even hire them to look over your paperwork before you file it on your own.

5 Steps in an Uncontested Divorce

There are five crucial steps in an uncontested divorce process in Georgia.

Step 1: Discuss the Divorce

Discuss it with your spouse and make sure you agree on significant issues surrounding custody and support (if applicable), spousal support or alimony, and division of assets.

Step 2: Hire a Divorce Lawyer, If Needed

Decide whether you will file for divorce on your own or you will utilize the help of a divorce attorney. You can hire them to help you with the entire divorce or look over your divorce papers for accuracy before filing.

Step 3: Complete and sign a Divorce Settlement Agreement

A settlement agreement will lay out the specific terms of your divorce agreement, including how you have decided to split your assets, who will have custody of the children, and who will pay child support or alimony, if applicable. You must develop child support and parenting plans if you have children together. The parenting plan details custody arrangements and visitation rights.

Step 4: Submit to the judge to sign

During this process, a judge will review this information and issue an Order Approving Parenting Plan, and other final documents in your case. Also, as part of the process in Georgia, parents must attend a mandatory course on children’s issues in divorce before a divorce is granted.

Step 5: Attend the Final Hearing

While there is no trial in an uncontested divorce, state law does require a hearing before a judge to finalize the divorce.   Sometimes this is done via affidavit.  At this step, the judge will review the divorce complaint, the settlement agreement, and any child support and parenting plans that have been agreed upon and make the final judgment. The judge may also ask each spouse questions about the divorce.

While it’s not a trial, your responses to the questions would be made under oath.

Uncontested Divorce FAQs

How long does an uncontested divorce take in Georgia?
Once the divorce complaint is served (step 3), there is a 31-day waiting period before a judge can finalize the divorce. However, most uncontested divorces can take up to 60 days due to court backlogs, issues with paperwork, and other factors.

Do we have to go to court for an uncontested divorce in Georgia?
In an uncontested divorce, you won’t need to go to trial. However, you will need to go to court during the final hearing to finalize the divorce before a judge.

Does it matter who files for the uncontested divorce?
No. The spouse who files the complaint does not gain an advantage in the legal process. The filing is just required to start the divorce process.

Experienced Divorce Attorneys

If you need help filing for your uncontested divorce, or even a contested divorce, then Edwards Family Law is here for you. We pride ourselves on building a solid attorney-client relationship to help you through difficult times. We are a law firm that likes to help families like yours because your family matters. Contact us for a legal consultation if you need help with any step of your uncontested divorce.

Author Bio

Regina Edwards is the Owner and Managing Attorney of Edwards Family Law, an Atlanta family law and estate planning law firm she founded in 2005. With more than 21 years of experience practicing law, she is dedicated to representing clients in a wide range of legal matters, including divorce, child custody, child support, legitimation, wills, trusts, probate, and Medicaid planning.

Regina received her Juris Doctor from the Tulane School of Law and is a member of the State Bar of Georgia and the Atlanta Bar Association. She has received numerous accolades for her work, including being named a Rising Star by Super Lawyers for six years, as well as being named among the Pro Bono All Stars by the Georgia Bar Journal in 2019.

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