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After filing for an uncontested divorce, how long until it is final and recorded?

Atlanta, GA |

I am trying to buy a home, but my loan officer has told me that I cannot purchase the home until I am divorced. Our divorce is uncontested, we have no shared property, and the papers are to be filed tomorrow (5/16).

Once the papers (they have been signed and notarized by both of us) have been filed, how long will it take until I have a divorce decree and my divorce is final and recorded? Both of us live in Georgia, and the papers are to be filed in Georgia (Atlanta/Fulton County).

Also, is there any way to shorten this time? The contract for the home I am buying expires on June 22nd so time is of the essence!

Attorney Answers 4

  1. It is unclear which "papers" are being filed tomorrow. If you are filing the initial complaint/petition for divorce, the earliest that your divorce can be final will be thirty-one days from tomorrow (or June 16). There is absolutely no way to shorten that time. If your divorce was already pending and you're now filing the final agreement and request for an order, then the date of finalization will depend on the judge's case load.

    You should probably speak with your realtor or the buyers about extending the contract. That will be much easier than speeding up the court.

    Good luck.

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

  2. Divorces take a minimum of 31 days when uncontested with acknowledged service (46 if there is no consent to try). In Fulton the actual hearing will probably be further out that that. Since pro se divorces tend to be problematic, there is a good chance of delay. That chance would be minimized with counsel.

    You are likely going to miss the June 22 deadline.

    - Glen Ashman - - .................. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in this email is tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein.

  3. If you and your husband signed an "Agreement to Try at First Term," it would allow for the divorce to be tried at anytime after thirty (30) days have elapsed from the date of service on the defendant.

    If you are filing a signed and notarized settlement agreement, you (your attorney, if you are represented) can call the Judge's Calendar Clerk and schedule a time to take a Final Divorce - and your attorney can ask for a date prior to the June 22nd date to which you've alluded. A Final Judgment and Decree would be signed after the evidence is taken (which, once your matter is called, takes a couple of minutes), and could be filed immediately thereafter with the Clerk of Court.

    Best of luck to you.

    This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice. This answer does not constitute an attorney-client relationship. Do not rely on this answer in prosecuting or defending against any criminal or civil legal action. Speak to an attorney in your area about how to protect yourself and your interests.

  4. If your loan officer is telling you that you can't buy a house unless you get a divorce, then, in my opinion, you should get a new loan officer.

    And yes, you won't make the June 22 deadline. Get that contract extension too.

    Good luck.

    Thanks for considering my response on AVVO. The questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

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