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Shawn Breyer
Filing for an uncontested divorce in Georgia can save you THOUSANDS of dollars.
Everyone wants to have an easy divorce that doesn’t ruin them financially and emotionally.
If you think you and your spouse are in a position to file for an uncontested divorce in Georgia, you’re in the right spot.
Our goal is to give you a guide that will take all of the guesswork out of navigating an uncontested divorce.
This article is going to teach you:
So, let’s dig in.
Divorce can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.
If you want to protect your rights, not wrongfully lose custody, and not get raked over the coals financially, fill out the form below. Free consultations are first come first serve. We always run out of slots. Make sure you get yours locked in now.
How do you get an uncontested divorce in Georgia?
You and your spouse have resolved all of your issues before filing for divorce.
These are all of the issues in your divorce settlement agreement.
Like marital property, child support, child custody, alimony, etc.
Let’s say both spouses agree to a divorce and the divorce settlement agreement.
They can save time by speeding up the divorce proceedings.
And legal fees by not needing as much legal advice and guidance.
Related: Divorce Statistics
So, what is an uncontested divorce?
An uncontested divorce is where both spouses agree on:
This can save them thousands in legal fees on their divorce case.
And months of waiting for the Georgia divorce decree to get finalized.
Noncontested divorces in Georgia are the same as uncontested divorces.
Under Georgia law, A noncontested divorce is when neither party is fighting.
Let’s say you are filing for an uncontested divorce in Georgia.
You have to agree with the divorce settlement agreements on:
An uncontested divorce is available to spouses who have zero disagreements on these issues.
Having an amicable divorce can lead to hiring a flat fee divorce lawyer.
It’s a good way for couples to save substantial amounts of money.
One spouse has to file the Divorce Petition at the local Superior Court.
(It doesn’t matter which spouse files in the state of Georgia.)
The uncontested divorce process has much more streamlined paperwork.
(Compared to contested divorces in Georgia.)
This is because negotiations are not drawn out for months.
By both the spouses and divorce lawyers.
The two spouses can simply fill out the uncontested divorce papers themselves.
And submit them to the Georgia courts when they file the divorce paperwork.
Be sure to include the divorce settlement agreement and the grounds for divorce.
Along with your child support worksheet and parenting plan if you have minor children.
Let’s say one spouse files for divorce.
And the other side agrees to the uncontested divorce.
Or fails to respond to the divorce paperwork or make an appearance at the court hearing.
(Responding to the divorce papers is sending in an “Acknowledgement of Service.”)
Then the courts will grant a divorce decree to the person who filed the divorce papers.
But if the respondent doesn’t agree then they are contesting the divorce.
And an uncontested divorce cannot be granted under Georgia law.
The meaning of uncontested divorce is that;
Failure to show up to divorce hearings goes like this (Yes, even for uncontested divorces):
When Jane serves divorce papers to Tim, she submits that receipt to the Superior Court.
The process server will send the divorce courts proof of serving papers.
Then the Georgia courts will schedule a date and time for Jane and Tim to show up in divorce court.
Let’s say Jane shows up to the Superior court hearing, but Tim fails to show up.
Tim’s failure to respond is a waiver of his ability to contest the divorce.
Under Georgia laws, it tells the courts he agrees to the divorce settlement agreement.
Then the judge will rule the final judgment in favor of Jane in the state of Georgia.
An uncontested divorce costs, on average, $7,500 when they hire a flat fee divorce lawyer.
Let’s say you file for uncontested divorce costs without a law firm representing you.
You’re looking at spending about $300 in fees for your divorce case.
These fees include:
Uncontested divorces are 4x cheaper than contested divorces that end up in Georgia courts.
Let’s say you and your spouse disagree on anything pertaining to the divorce.
The cost of your divorce process can skyrocket in the state of Georgia.
This is because the divorce becomes contested.
And you will need a family law attorney to represent you throughout the divorce process.
The average cost of a contested divorce that is settled outside of court is $10,600.
But the average cost for uncontested divorce lands at $7,500.
A contested divorce is 258% more expensive than an uncontested divorce.
But what about the cost of an uncontested divorce vs contested divorce that goes to trial to settle disputes?
Contested divorces that go to trial double the cost of a contested divorce where the spouses settle their disagreements outside of court.
Divorce law firms can drag out the divorce process with:
Paying your divorce lawyer $350 per hour for all of this adds up fast.
The average cost of a contested divorce that goes to trial lands at $20,400.
A contested divorce that goes to trial is 497% more expensive than an uncontested divorce.
Crazy, right?
So, what are going to be your costs for uncontested divorce in Georgia?
Get used to hearing this from a law firm… “It depends.”
Every divorce is different.
Every couple fights about different aspects of their divorce.
Some couples can let things go.
While others hold onto what they think is important with white knuckles.
Only you know how difficult or easy your divorce case is going to be.
But let’s assume that you truly are going to have an amicable divorce.
If you have an uncontested divorce in Georgia, you can expect to pay about $7,500.
You can pay up to $1,600 in expenses such as court costs and fees for:
If you have a contested divorce that gets settled, you’ll end up paying about $10,600.
But if you go to trial for any disagreements, then you’ll end up forking out about $20,400.
(Legal advice from a law office gets super expensive.)
If you want a cheap uncontested divorce, skip the divorce lawyer.
Fill out the divorce paperwork with your spouse.
And file the papers at your local Superior Court in the state of Georgia.
Foregoing the attorney-client relationship is going to cost you about $300 in filing fees.
That’s the bare-bones minimum amount you could possibly pay for a divorce.
(Disclaimer: make sure you meet the residency requirements under Georgia family law.)
There are a couple of requirements that you have to meet before filing.
The first requirement is a residency requirement for divorce under Georgia family laws.
The residency requirement for divorce is six months in the state of Georgia.
You must file for divorce in your spouse’s county of residence.
A non-resident of Georgia may file for divorce against a spouse who has been a resident of Georgia for six months.
The second requirement for filing for divorce is that you have grounds for divorce.
Georgia is NOT a no-fault divorce state.
You and your spouse must choose one of the 13 Grounds for Divorce in Georgia.
The grounds for divorce are:
Let’s say you claim any other grounds for divorce than “the marriage is irreparable.”
Then you must prove one of the spouses is at fault and prove their misconduct.
‘The marriage is irreparable’ is the most common reason for divorce that gets used.
The uncontested divorce process is how you get a cheap divorce in Georgia.
This is because the couple agrees to work together.
They come up with their own divorce settlement agreement.
They need less legal advice.
And they don’t need their divorce attorneys to fight for them.
Related: Is Georgia A Community Property State?
Some things that spouses need to negotiate for divorce are:
Let’s talk about the uncontested divorce process.
To start the divorce process, one spouse must file a Petition for Divorce.
This asks the Superior courts to terminate the marriage in the state of Georgia.
Since you and your spouse are having an uncontested divorce, either one of you can file the divorce paperwork.
Related: Annulment in Georgia
The person filing for divorce must include the following information:
The Superior courts will ask you to sign a Petitioner’s sworn authentication.
This is legally swearing you meet the residency requirements in the state of Georgia.
They will also ask you to bring documentation to prove your residency.
Such as driver’s license, utility bills, tax returns, or pay stubs.
You have to prove that you have been a resident for more than 6 months.
The following is what is included in a divorce petition:
Let’s say that your spouse doesn’t respond to the process server.
In Georgia courts, the judge will default the divorce.
Meaning whatever you asked for in the divorce settlement agreement, you get it.
Make sure you get legal advice from a law firm on this approach.
If it’s super one-sided, the Superior courts won’t give it to you.
(i.e., you can’t ask for all the marital property.)
Filing for divorce may leave you without financial support during the divorce proceedings.
Not getting any financial support during the divorce process may be impossible.
For example, let’s say you are:
It would be impossible for you to wait 6-12 months for the final judgment.
You don’t have to wait to get the divorce decree to get financial support.
The court allows you to ask the court for temporary court orders for:
This is especially true if you are moving out of state with a child with no custody agreement.
You’ve filed the petition for divorce and requested temporary orders.
Now, you need to provide a copy of the divorce paperwork to your spouse.
Once your spouse signs the divorce papers, you can file proof of service with the court.
Proof of service is a document that your process server should give you.
It tells the courts that you gave a copy of the divorce petition to your spouse.
And met the legal requirements for proof of service.
Related: Does It Matter Who Files for Divorce First?
Let’s say you don’t properly serve divorce papers to your spouse.
Or you don’t file the proof of service.
Then the judge cannot move forward with your divorce case.
Getting your spouse to sign the acknowledgment of service will be pretty easy.
Especially with an uncontested divorce in Georgia.
Once you have served the papers, now it’s time to just wait on a response.
Your spouse has a 30-day time limit to respond to papers.
You are not forced to sign divorce papers.
Let’s say you don’t sign the Georgia uncontested divorce paperwork.
You will have to show up in divorce court to settle your divorce case.
If you don’t show up to the Superior court, the judge will rule in favor of your spouse.
After you serve your spouse divorce papers, they have two options.
They can ignore the complaint for divorce.
Or they can file their response to the complaint for divorce.
Let’s say the divorce papers are ignored by your spouse.
Then the divorce case will proceed “by default.”
By default means that the judge will grant your request for the:
But what if your spouse responds?
They have the ability to rebuttal what you submitted to the Georgia courts.
They can propose a different way to split everything.
Or they can just accept what you have submitted.
Which is most likely to happen with a Georgia uncontested divorce.
You still have to show up to court for a Georgia uncontested divorce.
Your divorce settlement agreement will have to be approved by a judge.
The judge will usually approve the proposed divorce settlement agreement.
Unless the terms of the divorce decree would not be fair to one spouse.
The judge will give you your final judgment with the court orders.
The court will give you proof of written judgment.
That lets you know when the divorce is final under Georgia family law.
You will not be legally divorced until you have this proof of divorce.
A divorce cannot be reversed after the judge has finalized it.
What if the judge has not finalized the uncontested divorce?
Then you can withdraw your petition for divorce.
Let’s say you decide that you want to reverse the divorce AFTER the judge has signed.
You will have to get remarried.
Feels pointless, right?
But getting remarried is as easy as just filing for a marriage certificate.
You can have an uncontested divorce with children.
You and your spouse have to agree on child custody and child support.
Then you can still have an uncontested divorce with children.
You will have to fill out some extra divorce paperwork for the children.
You will outline the details related to the child’s living arrangements.
And the proposed parenting plan for the minor children.
Laying out the child custody and visitation schedules.
You will also need to run some numbers on a Georgia Child Support Calculator.
Let’s say you are planning on hiring an uncontested divorce lawyer.
It’s important that you get one that’s going to be able to navigate your case properly.
Our family law firm in Atlanta can make sure that you set things up correctly.
Meaning your divorce settlement agreement gets accepted.
And you can reduce the cost of your divorce process.
You don’t potentially mess anything up.
And potentially have your case thrown out by the judge.
Which would force you to start the divorce process all over.
Getting a lawyer for an uncontested divorce in Georgia may FEEL like you’re wasting money.
You already know that you don’t need an attorney to go ‘at-bat’ for you against your spouse.
So, why on earth would you need to consider hiring a lawyer for an uncontested divorce?
You and your spouse are not contesting the divorce.
But the divorce will be presented to the judge to be finalized.
Settlement agreements created by law firms have higher chances of getting approved.
This decreases the likelihood that your judge rejects the divorce.
Making you start the whole process over again.
You may not want them to create the divorce papers for you.
But you should have a divorce lawyer review your uncontested divorce paperwork.
This can flush out things you forgot or did not consider.
This will make your uncontested divorce process go MUCH faster and smoother.
It also makes sure that you don’t give up any of your legal rights accidentally.
Or lose anything that you deserve in the divorce.
Hiring a law firm makes sure that you are covering all of your bases.
Divorce lawyers fully understand the entire divorce process.
And all of the steps that you need to take to finalize your divorce.
Even if you and your spouse both want the divorce…
There is a required process that you have to follow.
(For your divorce to be legally recognized by the Georgia courts.)
Let’s say you forget to complete any of these steps in the process.
You may find your divorce getting rejected by the Superior courts.
Hiring a family law office makes sure your divorce settlement gets approved.
And makes sure that you have a smooth sailing divorce.
So you can be done faster and cheaper.
Let’s be real.
You and your spouse may be on the same page.
But the division of property is still had on you.
It can be very complicated to:
Division of retirement accounts in divorce is particularly hard.
Most of the time, it requires that the divorce lawyer send in a special order.
Which is called a Qualified Domestic Relations Order.
This is a complicated process that is actually pretty difficult.
Especially without a divorce lawyer on your side.
Then, we have the beloved tax issues.
Splitting assets in divorce incorrectly can have significant negative consequences.
Especially if not done correctly.
Not hiring a divorce attorney will cost you more than it’s going to save you.
Your divorce lawyer in Atlanta can help you by:
You do not need a divorce lawyer for an uncontested divorce.
But I wouldn’t recommend using an “online divorce” service.
Let’s assume that you have a smooth divorce without any financial hiccups
It’s important that you consider hiring an uncontested divorce lawyer.
It also helps to have a divorce lawyer who:
JUST in case things HAPPEN to turn bad during the negotiations.
(They also should fully understand the child custody laws in Georgia.)
This is just a lack of help that you get with an online divorce service.
Let’s assume you have an uncontested divorce.
You can file the uncontested divorce forms on your own without a divorce lawyer.
(Here’s a divorce preparation checklist to help out.)
You can eliminate the costs of a divorce attorney.
And end up having a cheap uncontested divorce.
No matter what your case looks like, you should understand Georgia family laws.
And know these steps to file a Do It Yourself Uncontested Divorce.
If you and your spouse have both agreed to divorce…
And you agree on how to divide your property and assets…
Then you can fill out a divorce settlement agreement to file for divorce.
This is the main form for divorce in Georgia.
And it may also be used to define the following for minor children:
Georgia’s uncontested divorce forms are just one step in the divorce process.
Fill out the form on this page if you want a free divorce consultation.
To make sure that nothing serious is messed up with your divorce.
Which could cost you thousands of dollars.
Let’s say you fill out the divorce forms incorrectly.
You may be able to amend them later on.
But there is always the possibility that won’t be allowed.
Consult with a divorce attorney.
Especially if you have any doubts about how to fill out, file, and serve papers.
There are a number of steps that you need to take.
Let’s say you are representing yourself and not hiring a divorce lawyer.
You want to make sure that you follow the steps correctly so you don’t mess anything up.
Filing for an uncontested divorce in Georgia is easy.
You can do it yourself and save yourself thousands in divorce lawyer fees.
When you file for divorce, the party who starts the divorce action:
The first thing that you want to do is complete a “Complaint for Divorce.”
This is also called the “Petition for Divorce in Georgia.”
If you are the one filing for divorce, you will be the “Plaintiff” or the “Petitioner.”
And your spouse will be the “Defendant” or the “Respondent.”
Check with the county clerk or with your divorce attorney.
So that you know how to serve the papers correctly.
Let’s say you mess up and serve the divorce papers incorrectly.
(We see this all the time with uncontested divorce cases.)
You’ll have to start all over again.
And pay a second filing fee for starting another divorce case.
If you want the best divorce attorneys to represent you, fill out the form below.
We have the experience needed to ensure that your rights are protected.
This means that you don’t wrongfully lose custody of your children.
We also make sure that your divorce judgment is equitable and fair.
This means you don’t get raked over the coals financially.
After you fill out the form below, we will set up your free consultation.
Talk soon.
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