An uncontested divorce in Georgia follows a fairly streamlined process because both spouses agree on the major issues involved in ending their marriage. This may include property division, debts, alimony, child custody, visitation and child support where applicable. Georgia requires that divorce cases be filed with the Superior Court in the county where one of the spouses has lived for at least 6 months.
Even when spouses agree, the divorce still requires court filings and compliance with Georgia’s procedural requirements. The agreement should clearly address the matters that need to be resolved so the court can determine whether the proposed terms can be incorporated into the final divorce decree.
What happens after filing for divorce?
The process begins when one spouse files a complaint for divorce or a petition with the appropriate Superior Court. The other spouse must then be served with notice of the case and generally has 30 days after service to file an answer.
In an uncontested case, both spouses may submit their agreed terms and the required documents to the court. If the parties provide written consent to a hearing, Georgia Superior Court Rule 24.6 allows the divorce to be granted once at least 31 days have passed after service or filing an acknowledgment of service.
When is the divorce final?
After reviewing the paperwork and making sure the requirements have been met, the judge may sign the final divorce decree. Depending on the specific circumstances of your case, a hearing may still be required. The final decree legally ends the marriage and establishes the terms approved by the court.
Because mistakes in an agreement or filing can affect property, parenting or financial rights, spouses considering an uncontested divorce may benefit from obtaining legal support before submitting their documents.