Uncontested Divorce in Georgia

An uncontested divorce is where both spouses agree on all legally required aspects of the divorce, including how to divide all of their property (assets) and debts from the marriage.  If there are minor children of the marriage, both spouses must also agree on child custody, visitation and child support.  Finally, the parties will also agree if any amount of spousal support or alimony is to be paid.

Once the parties agree on all of the above terms, they are ready to sign a Georgia uncontested divorce settlement agreement (along with several other related forms) setting forth the terms of the divorce.

Once the parties have signed all of the divorce paperwork, the paperwwork is filed with the appropriate Georgia Superior Court and a request is made that the court grant a judgment for divorce.  This can often be done without the parties even having to go to court.  An uncontested finalized divorce can usually be granted in less than sixty (60) days.

Benefits of an uncontested divorce include:

• minimized disruption and mental pain for the children;

• the divorce process can be much shorter and will always be less expensive;

• you will not have to go to court ;

• a uncontested divorce is quicker;

• you do not have to be served with divorce papers by the Sheriff at your home or at your job.

Condition for Residency

The filing spouse must be a resident for at least six months and file for the action in the county of residence. A nonresident may file against a spouse who has been a resident of Georgia for six months, but the action must be filed in the county of residence of resident spouse.

Reasons for the Divorces

Both spouses must agree on the reasons for divorce. The following are reasons for divorce in Georgia:

• irretrievable breakdown of the marriage

• impotence

• adultery

• conviction and imprisonment for more than two years for an offense involving moral turpitude

• alcoholism and/or drug addiction

• confinement for incurable insanity

• separation caused by mental illness

• willful desertion

• cruel and inhuman treatment which endangers the life of the other spouse

• habitual intemperance (drunkenness)

• consent to marriage obtained by fraud, duress or force

• spouse lacked mental capacity (including temporary incapacity as a result of alcohol or drugs)

• wife pregnant by another man at the time of the marriage, unknown to the husband

• incest

Principle of the Child Custody

Child custody may be determined by agreement. Georgia emphasizes joint legal custody. However, custody can be granted to either of the parents on the basis of some of the factors listed below:

• A parent’s ability to care for the child.

• Physical and social needs of the child.

• How affectionate the child is with other members of the family.

• Willingness of the parents to take the custody of the child.

Georgia never awards joint custody if there has been domestic violence.  Georgia adheres to the “best interest of the child” rule.

Rules for Property Distribution

Georgia follows equitable distribution in regard to the distribution of marital property. All the marital property of the spouses is divided equitably (i.e., fairly) among the filer and defendant.

Rules for the Spousal Support

Spousal support may be granted if the divorce is not being granted on the basis of adultery or disloyalty in the relationship.  In a contested divorce, courts will consider the monthly income of the spouses, occupation and skills of each spouse, the debt obligation of each spouse, if any, and the financial strength of each spouse and making a determination for spousal support.

Child Support Guidelines

Georgia has set forth child support guidelines for determining child support.  These guidelines consider the income of each parent, as well as the basic needs of the child and the ability to pay of each of the parents. Usually, the non-custodial parent is responsible for paying child support.

Mediation in Case of Divorce

In Georgia, mediation of a settlement agreement on the terms of the divorce is required before a divorce can become final if it is a contested divorce.

Filing Pro Se Divorce

There is no need of a lawyer when filing for divorce in Georgia. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce.  These types of divorces are perfectly legal and enforceable in Georgia, and are actually very convenient.