Uncontested Divorce in Georgia
If you and your spouse agree on everything, divorce can be simpler. We help you put the agreement in writing and file it correctly with the court.
An uncontested divorce is one where both spouses agree on every issue: dividing property and debts, spousal support if any, and, if there are children, custody, the parenting plan and child support. Our family law service focuses on these agreed cases.
To file for divorce in Georgia, one spouse must have lived in the state for at least six months before filing (O.C.G.A. § 19-5-2). The most common ground is that the marriage is irretrievably broken, and on that ground the law does not allow a divorce to be granted until at least 30 days from the date the other spouse is served (O.C.G.A. § 19-5-3(13)).
When there are minor children, the agreement includes a parenting plan (O.C.G.A. § 19-9-1) and child support is calculated with Georgia's official worksheet (O.C.G.A. § 19-6-15). The judge reviews the agreement and, if approved, makes it part of the final divorce decree. Depending on the county, the judge may approve it with or without a short hearing, and some counties require parents to take a class.
Steps You Should Take
1
Confirm you agree on everything
Property, debts, cars, accounts, support and, if there are children, where they will live, the visitation schedule and child support.
2
Gather the information
Date and place of marriage, the children's information, both incomes, property and debts, and the county where you live.
3
We prepare the documents
We draft the settlement agreement, the parenting plan and child support worksheet if there are children, and the court filings.
4
We file and follow through
We file the case in the county court and stay with you until the final decree. Call us at (770) 609-9396.
Frequently Asked Questions
What does uncontested divorce mean?
That you and your spouse agree on every issue in the divorce: property, debts, support and, if there are children, custody, the parenting plan and child support. If you disagree on any issue, the case is no longer uncontested.
How long is the wait?
In a divorce on the ground that the marriage is irretrievably broken, Georgia law does not allow the decree until 30 days after the other spouse is served. The total time also depends on the county court.
How long do I have to live in Georgia?
One spouse must have lived in Georgia for at least six months before filing (O.C.G.A. § 19-5-2).
Do we have to go to court?
It depends on the county and the case. Some judges approve the agreement without a hearing and others ask for a short hearing. We explain what the court where your case is filed requires.
What if we have children?
The agreement must include a parenting plan and child support calculated with Georgia's official worksheet. The judge checks that the agreement protects the children before approving it.
Does my immigration status affect the divorce?
In general, a Georgia court can handle the divorce regardless of immigration status. If your green card or an immigration case depends on your marriage, talk to us before filing, because the divorce can affect that case.
Applicable Laws
O.C.G.A. § 19-5-2Six month Georgia residency requirement.
O.C.G.A. § 19-5-3Grounds for divorce, including an irretrievably broken marriage and the 30 day wait.
O.C.G.A. § 19-9-1Parenting plan in cases with minor children.
O.C.G.A. § 19-6-15Child support calculation.
Related Services
Other Family Law Services
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Schedule Consultation(770) 609-93961250 Tech Dr, Suite 240
Norcross, GA 30093
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Document Checklist
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