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Uncontested Divorce in Georgia
Requirements for an Uncontested Divorce in Georgia
To qualify for an uncontested divorce in Georgia, you must meet the following criteria:
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Residency:
Either you or your spouse must have lived in Georgia for at least 6 months before filing.
If the filing spouse is a non-resident, the other spouse must have lived in Georgia for at least 6 months.
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Grounds for Divorce
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Georgia allows no-fault divorce based on the marriage being “irretrievably broken.”
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Fault-based grounds (like adultery or cruelty) exist, but are not required for an uncontested divorce.
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Mutual Agreement:
-Both parties must agree on all key terms, including:
Property and debt division
Spousal support (if any)
Child custody and parenting time (if applicable)
Child support
Steps to File for an Uncontested Divorce:
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Prepare the Divorce Forms:
Common forms include:
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Complaint for Divorce
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Verification
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Domestic Relations Financial Affidavit
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Settlement Agreement (dividing assets, debts, etc.)
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Parenting Plan (if you have children)
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Child Support Worksheet & Addendum (required if children are involved)
2. File with the Court
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File in the Superior Court in the county where your spouse lives, or in your own county if your spouse moved out of state.
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Filing fee is typically $200–$220.
3. Serve Your Spouse (if not filing jointly)
Service can be done by sheriff, process server, or your spouse can sign an Acknowledgment of Service to avoid formal service.
4. Exchange Financial Documents
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Both parties must complete and share a Domestic Relations Financial Affidavit.
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This is required even in uncontested cases.
5. Wait Period
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Georgia requires a minimum 30-day waiting period after the spouse is served (or signs the acknowledgment) before the court can finalize the divorce.
6. Final Hearing
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In most counties, you or your attorney must attend a brief court hearing.
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Some courts allow finalization without a hearing if all documents are in order and properly signed.
7. Final Decree
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If everything is complete and approved, the judge signs a Final Decree of Divorce, legally ending the marriage.
Cost Considerations
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Filing Fee: ~$200–$220
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Service Fee: ~$50 (if needed)
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Attorney Flat Fee: Usually $500–$1,200 for uncontested divorces
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Online Divorce Services: Typically $150–$400
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Fee Waiver: Available by filing an Affidavit of Poverty
Important Considerations
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Children:
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A Parenting Plan is required.
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Child Support Guidelines Worksheet and Addendum are mandatory.
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Parents may be required to attend a co-parenting class.
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No Separation Requirement: You don’t need to be separated for any specific time before filing, but you must claim the marriage is irretrievably broken.
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Legal Help Recommended: Even in uncontested cases, it’s smart to have an attorney review your Settlement Agreement, especially if children or property are involved.