How to Get an Uncontested Divorce in Georgia

An uncontested divorce is the fastest, least expensive, and least adversarial way to end a marriage in Georgia. When both spouses agree on all terms — property division, alimony, child custody, and child support — the process can be completed in as little as 30 days from the date of filing.

Georgia law governing divorce is found in OCGA 19-5-1 et seq. This article walks through the full uncontested divorce process, from eligibility requirements to the final hearing, including cost estimates and guidance on whether to hire an attorney.

Requirements for an Uncontested Divorce in Georgia

To qualify for an uncontested divorce in Georgia, you must meet several requirements:

Residency

At least one spouse must have been a bona fide resident of Georgia for at least six months before filing. The petition is filed in the Superior Court of the county where the respondent (non-filing spouse) resides. If the respondent lives outside Georgia, the petitioner may file in the county where they reside.

Agreement on all terms

Both spouses must agree on every issue in the divorce, including:

• Division of all marital property and debts
• Alimony (whether it will be paid, and if so, the amount and duration)
• Child custody and a detailed parenting plan (if children are involved)
• Child support (calculated using Georgia’s statutory worksheet)

If there is any disagreement on any issue, the divorce is contested and follows a different, longer process.

No-fault ground

Georgia allows both fault and no-fault grounds for divorce. In an uncontested divorce, the parties almost always use the no-fault ground that the marriage is “irretrievably broken” (OCGA 19-5-3(13)). This means the marriage has broken down to the point that there is no reasonable hope of reconciliation. Neither spouse needs to prove wrongdoing.

Step-by-Step Process

Step 1: Draft the settlement agreement

Before filing, the spouses should prepare a settlement agreement (also called a marital settlement agreement or separation agreement) that addresses all terms of the divorce. This is the most important document in the case.

The agreement should cover:

• Property division: Who gets which assets (home, vehicles, bank accounts, retirement accounts) and who is responsible for which debts
• Alimony: Whether either spouse will pay alimony, and if so, the amount, duration, and conditions for termination
• Child custody: A parenting plan specifying legal custody, physical custody, and a detailed visitation schedule (if children are involved)
• Child support: The amount of child support, calculated using Georgia’s child support worksheet under OCGA 19-6-15

The settlement agreement becomes a binding contract once both parties sign it and the court incorporates it into the final divorce decree.

Step 2: File the petition

One spouse (the petitioner) files a Complaint for Divorce in the Superior Court of the appropriate county. The filing must include:

• The complaint (petition) for divorce
• The settlement agreement
• A verification affidavit
• The child support worksheet and parenting plan (if children are involved)
• The filing fee (typically $200-$250, varying by county)

Step 3: Serve the other spouse

Georgia requires that the non-filing spouse (the respondent) be served with the divorce papers. In an uncontested divorce, the respondent typically acknowledges service by signing a form waiving formal service. This avoids the cost and delay of using a sheriff or process server.

The respondent may also file an Answer agreeing to the terms. Alternatively, the respondent can simply sign an acknowledgment of service and consent, which streamlines the process.

Step 4: Wait 30 days

Georgia imposes a mandatory 30-day waiting period from the date the complaint is filed (OCGA 19-5-2(a)). The court cannot grant the divorce before this period expires. During this time, the court reviews the filings.

Step 5: Final hearing

After the 30-day waiting period, the court schedules a final hearing. In many uncontested cases, this hearing is brief — often 15 to 30 minutes. In some counties, only the petitioner must appear. The judge will:

• Verify that the residency requirement is met
• Confirm that the marriage is irretrievably broken
• Review the settlement agreement for fairness
• If children are involved, determine that the custody and support arrangements serve the children’s best interests
• Enter the Final Judgment and Decree of Divorce

Some Georgia counties allow uncontested divorces to be finalized without a hearing if all paperwork is in order, though this is not universal.

Cost Estimate

An uncontested divorce in Georgia is significantly less expensive than a contested one:

Contested divorces in Georgia, by contrast, typically cost $10,000-$30,000 or more per spouse.

Pro Se vs. Hiring an Attorney

Georgia allows you to represent yourself (pro se) in an uncontested divorce. Many people do, particularly when there are no children, limited assets, and both spouses are cooperative.

When pro se may work

• Short marriage with no children
• Limited property and debt
• Both spouses agree on all terms
• You are comfortable preparing legal documents

When you should hire an attorney

• Children are involved (custody and support documents must comply with specific statutory requirements)
• Significant assets or debts need to be divided
• One or both spouses have retirement accounts or business interests
• You are unsure whether the settlement agreement adequately protects your rights
• There is any concern about future enforcement of the agreement

Even in an uncontested divorce, having an attorney review the settlement agreement can prevent costly problems down the road. A poorly drafted agreement may be unenforceable, ambiguous, or may inadvertently waive rights you did not intend to give up.

Common Mistakes to Avoid

• Incomplete settlement agreement. If the agreement does not address all required issues, the court will send it back for revision, delaying the process.
• Incorrect child support calculations. Georgia requires that child support be calculated using the statutory worksheet. Deviating from the guidelines without proper justification can result in the court rejecting the agreement.
• Filing in the wrong county. Filing in the wrong county will result in dismissal. Make sure you file in the county where the respondent lives, or in your own county if the respondent lives out of state.
• Assuming “uncontested” means “simple.” Even when both parties agree, the legal documents must comply with Georgia law. Errors in the paperwork can cause delays or create problems years later.

What to Do Next

If you and your spouse agree on all terms and meet Georgia’s residency requirement, an uncontested divorce is likely the most efficient path forward. Start by drafting a thorough settlement agreement that covers property, debts, alimony, and — if applicable — child custody and support.

For more background on the divorce process, see our complete guide to divorce and our overview of contested vs. uncontested divorce. If cost is a concern, our article on how much does divorce cost provides additional context.

Ready to get started? Schedule a free consultation with a Georgia family law attorney to review your agreement and guide you through the filing process.

Frequently Asked Questions

What is the first step in getting a divorce?

The first step is filing a divorce petition with your local court. Before filing, gather important financial documents, understand your state’s residency requirements, and consider consulting a family law attorney to understand your rights and options.

How long does a typical divorce take?

An uncontested divorce can be finalized in as little as 30 to 90 days in some states. Contested divorces involving disputes over custody, property, or support often take 6 to 18 months or longer, depending on the complexity and court backlogs.

What is the difference between contested and uncontested divorce?

An uncontested divorce means both spouses agree on all major issues including property division, custody, and support. A contested divorce involves disagreements that require negotiation, mediation, or a trial to resolve. Uncontested divorces are faster and less expensive.

Do I need a reason to file for divorce?

All 50 states offer no-fault divorce, meaning you do not need to prove your spouse did anything wrong. You typically only need to state that the marriage is “irretrievably broken” or that there are “irreconcilable differences.” Some states still allow fault-based grounds as an option.