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Uncontested divorce in Georgia, step by step
Summary
A divorce is uncontested when both spouses agree on everything: property, debts, alimony and, if you have children, custody, parenting time and child support.
You put the agreement in writing, file the divorce papers with the Superior Court clerk, and the other spouse is served or signs an acknowledgment of service. On the usual no-fault ground, a divorce can't be granted sooner than 30 days after service.[1]
How the final step works depends on the county. Some courts hold a short hearing and others can grant the divorce on the papers.
Step 1: Check that you qualify
- One spouse usually must have lived in Georgia for at least 6 months before filing.[2]
- The divorce is usually filed in the county where the other spouse lives.
- You agree on every issue. If you disagree on even one thing, the case is contested, though it may still settle later.
Step 2: Put your agreement in writing
The settlement agreement covers how you'll divide property and debts, whether either spouse pays alimony, and anything else you've agreed on. If the judge approves it, it becomes part of the final decree, so it's worth taking time to get it right.
Step 3: If you have children
Step 4: Fill out the forms
Many Superior Courts post a free uncontested divorce packet on their website, with and without children. If yours doesn't, the Georgia courts' self-help page points to general forms you can use. A typical packet includes:
- Complaint for divorce, with a verification you sign
- Case filing information form
- Domestic relations financial affidavit, if your court asks for one. Many county packets include it, though courts can skip it when a full settlement agreement covers everything[5]
- Settlement agreement, plus the parenting plan and child support worksheet if you have children
- Acknowledgment of service, or a summons if the sheriff will serve the papers
- Final judgment and decree of divorce, for the judge to sign
- Case disposition form (sometimes called a final disposition form), filed with the final decree
If you want to go back to a former name, you can ask for it in your papers so it's included in the final decree.[6]
Step 5: File with the Superior Court clerk
File the papers with the Superior Court clerk in the right county and pay the filing fee. In metro Atlanta it's about $213 to $220. If you can't afford it, you can ask to file without paying by signing a sworn statement, often called a pauper's affidavit.[7]
Step 6: Serve the other spouse, or have them sign
In an uncontested divorce, the other spouse usually signs an acknowledgment of service in front of a notary, so the sheriff doesn't need to deliver the papers. Otherwise, the sheriff or a process server serves them for a fee.
Step 7: Wait at least 30 days
On the usual no-fault ground, the divorce can't be granted sooner than 30 days after the other spouse is served.[1] Use the time to finish the parenting seminar if it's required, and make sure every form is complete.
Step 8: Ask the court to finalize
This step depends on the county. Some courts set a short final hearing. Georgia law also lets a judge grant an uncontested divorce based on sworn papers, without a hearing, and some judges do.[8] Fulton County, for example, schedules a status conference after filing. The clerk's office or the court's website can tell you how your county does it.
Step 9: After the final decree
- Get a certified copy of the decree from the clerk. You'll need it to change records.
- Update your name, if the decree restored a former name. Social Security changes it when you request a replacement card. Georgia's driver's license office accepts a certified copy of a decree that states the name change, and asks that you update your license within 60 days. Then update your bank, employer and other records.
- If you didn't ask for your former name in the divorce, you can still ask the court later to restore the surname on your birth certificate, at any time after the decree, with a simple motion and no newspaper notice.[6]
- Follow the decree on property: refinance or retitle the house and cars, and split accounts as agreed.
- Update beneficiaries on life insurance and retirement accounts, and your will.
Things that often slow uncontested cases down
- Missing or unsigned forms, or a notary step that was skipped
- Filing in the wrong county
- A child support worksheet that doesn't match the agreement
- A parenting seminar that isn't finished yet
- An agreement that leaves something out, such as a retirement account or a debt
When a lawyer is still worth it
Even when you agree on everything, it can help to have a family lawyer review the agreement before you sign, especially if there's a house, a retirement account, a business, alimony or children involved. Once the judge approves your agreement, the property and debt division is generally final. Custody and child support can be changed later if circumstances change, and alimony often can be too, unless the agreement says it can't.
Questions you might ask a lawyer
- Does our agreement cover everything it should?
- Is there anything in our agreement that could cause problems later?
- How does our county finalize uncontested divorces?
- What should we do about the house, retirement accounts or debts in our name?
Common questions
How long does an uncontested divorce take in Georgia?
On the usual no-fault ground, it can't be granted sooner than 30 days after the other spouse is served.[1] Many uncontested divorces are finished within a few months, depending on the county's schedule.
Do I have to go to court for an uncontested divorce in Georgia?
It depends on the county. Some courts hold a short final hearing, and others can grant an uncontested divorce based on the papers.
Can we file an uncontested divorce without a lawyer?
Yes. Many Superior Courts post free uncontested divorce forms. Some couples still have a lawyer review the agreement before they sign, especially when there's a house, retirement accounts or children.
What forms do I need for an uncontested divorce in Georgia?
Usually a complaint for divorce, a case filing form, a settlement agreement, a financial affidavit if your court requires one, an acknowledgment of service, and a final decree for the judge to sign. With children, you also need a parenting plan and a child support worksheet.
Sources
- ^ O.C.G.A. § 19-5-3, grounds for divorce and the 30-day rule (FindLaw)
- ^ O.C.G.A. § 19-5-2, residence requirements (Justia)
- ^ O.C.G.A. § 19-9-1, parenting plans (Justia)
- ^ Uniform Superior Court Rule 24.8, parenting seminars
- ^ Uniform Superior Court Rule 24.2, financial affidavit
- ^ O.C.G.A. § 19-5-16, restoring a former name (rulesofcivilprocedure.com)
- ^ O.C.G.A. § 9-15-2, filing without paying fees (FindLaw)
- ^ O.C.G.A. § 19-5-10, deciding undefended divorces (rulesofcivilprocedure.com)
- Georgia courts self-help divorce checklist (georgiacourts.gov, PDF)
- Georgia courts, divorce without minor children: forms and instructions (georgiacourts.gov)
- Georgia Department of Driver Services, license FAQs (name changes)
- Social Security Administration, change your name
- Cobb County Superior Court, divorce forms packets
Laws and court rules change. If something here looks out of date, email help@divorce.city.