Uncontested Divorce in Georgia
A brief guide to the process of getting an uncontested divorce in Georgia.
This is in no way intended to be an exclusive method of achieving a divorce. Similarly, this guide does not list all documents required by each court, and it does not establishing a legal relationship or give legal advice.
Step 1: Talk to you spouseAn uncontested divorce only occurs when the parties agree on the entire dissolution of the marriage. This includes, but is not limited to, property division, spousal support, child support, child custody, visitation, and division of other assets. Without speaking with the other party and coming to an agreement together, an uncontested divorce is not your method of separation.
*Truly uncontested divorces are rare, as most parties who are getting divorced cannot agree on everything.
Step 2. Make sure you meet the requirementsThe individual filing for divorce in Georgia must be a resident for at least six (6) months prior to filing for divorce. Both parties do not have be residents of the state of Georgia, but if the nonmoving party is not a resident of the state of Georgia, he/she must consent to the jurisdiction of the state of Georgia.
Step 3. File the necessary paperworkFiling an uncontested divorce requires you to file a Petition for Divorce with the clerk of court. You can file your settlement agreement in at this time as well. Both parties should have previously agreed to and signed the agreement before it is filed in with the clerk of court. If you do not wish to appear in court, you should also file a motion for judgment on the pleadings, however beware, in most jurisdictions parties who do not have attorneys that represent them are required to come to court and appear in front of the judge at least once. You should also file a domestic relations financial affidavit and other appropriate paperwork.
Step 4. Read your Final Decree/ Judge's OrderAfter at least 31 days have passed since filing the petition and agreement, the judge may, without requiring your appearance, after reviewing all necessary documents, issue a final decree of divorce. At this point you are legally divorced.