Georgia Uncontested Divorce Attorney
Fast, Affordable Divorce When You Both Agree – Serving All of Georgia
When you and your spouse agree on all terms of your divorce, you might be tempted to handle it yourself. However, even uncontested divorces involve complex legal documents, strict court requirements, and long-term consequences that require professional guidance. Georgia requires adherence to its 31-day waiting period and irretrievably broken marriage standards. Whether you’re filing a Petition for Divorce in Atlanta, Savannah, Augusta, or anywhere in Georgia, the legal terminology and procedural requirements demand precision. Attorney Vince Sowerby ensures your uncontested divorce is handled correctly the first time, protecting your rights under Georgia family law while avoiding costly mistakes that could affect you for years to come.
Why You Need an Attorney for Your Georgia Uncontested Divorce
Even when you and your spouse agree on everything, Georgia’s divorce laws and procedures are complex. A single mistake in your paperwork can delay your divorce by months, create enforcement problems later, or even invalidate important provisions.
Attorney Vince Sowerby ensures:
- Accurate paperwork – All Georgia-required forms completed correctly the first time
- Legal compliance – Full compliance with Georgia Code and court procedures
- Asset protection – Proper division of property, retirement accounts, and debts
- Fair agreements – Terms that comply with Georgia’s equitable division laws
- Parenting plans – Court-approved arrangements that protect your children’s interests
- Timely filing – No delays, no rejected documents, no preventable problems
Navigate Complex Financial Assets
Real estate, retirement accounts, businesses, investments, and significant debts require specific legal procedures and language to divide properly. An attorney ensures these assets are handled correctly to avoid tax consequences, penalty fees, future ownership disputes, improper valuation, and inadequate protection of your share.
Protect Your Children’s Interests
Child custody arrangements, visitation schedules, and support calculations must comply with state laws and prioritize your children’s wellbeing. An attorney helps create enforceable agreements that serve your family’s needs while meeting legal requirements.
What Is an Uncontested Divorce in Georgia?
An uncontested divorce in Georgia occurs when both spouses mutually agree on all major aspects of ending their marriage. This includes agreement on:
Property Division
Equitable distribution of all marital assets including real estate, vehicles, bank accounts, investments, and personal property.
Child-Related Issues
If applicable: parenting plan, time-sharing schedule, parental responsibility, child support, and healthcare coverage.
Alimony/Spousal Support
Whether alimony will be paid, the amount, duration, and type of spousal support arrangement.
Debt Allocation
Fair division of marital debts including mortgages, credit cards, loans, and other financial obligations.
Because there are no disputes requiring court intervention, uncontested divorces typically proceed more quickly and at a lower cost than contested divorces. However, legal representation remains crucial to ensure all agreements comply with Georgia law and protect your long-term interests.
Georgia Uncontested Divorce Requirements
Georgia Residency Requirement
At least one spouse must have been a Georgia resident for a minimum of six months before filing for divorce. The divorce must be filed in the county where the defendant (non-filing spouse) resides, or if the defendant is not a Georgia resident, in the county where the plaintiff resides.
Georgia's 31-Day Waiting Period
Georgia law requires a mandatory 31-day waiting period from the date you file your divorce petition until the divorce can be finalized. This waiting period cannot be waived, even in uncontested cases.
Required Documents for Georgia Divorce
- Petition for Divorce – The document that initiates your divorce
- Settlement Agreement – Details all agreements on property, debts, and support
- Parenting Plan – Required if you have minor children
- Child Support Addendum/Worksheet – Calculation of child support obligations
- Final Decree of Divorce – The court order granting your divorce
- Report of Divorce – Required for Georgia vital statistics
- Acknowledgment of Service – If spouse waives formal service
How Long Does an Uncontested Divorce Take in Georgia?
Georgia’s mandatory 31-day waiting period sets the minimum timeline, but the actual process depends on several factors:
| Stage | Timeline | Notes |
|---|---|---|
| Document Preparation | 1-2 weeks | Attorney prepares all required forms and agreements |
| Filing with Court | 1-2 days | Petition filed with clerk of court, filing fees paid |
| Service of Process | 1-2 weeks | If needed; can be waived with acknowledgment |
| 31-Day Waiting Period | 31 days minimum | Mandatory waiting period - cannot be waived |
| Court Processing | 1-2 weeks | After waiting period, court reviews and schedules hearing |
| Final Decree Entry | 1-2 weeks | After hearing, final decree is signed and entered |
Total Timeline: Most Georgia uncontested divorces are finalized within 6-10 weeks from the date of filing, with the 31-day waiting period being the main factor determining the minimum timeline.
The Georgia Uncontested Divorce Process
Free Initial Consultation
We discuss your situation, confirm both parties are in agreement, review Georgia’s requirements including the 31-day waiting period, and explain the entire process. You’ll understand exactly what to expect, with no cost and no obligation.
Agreement Review & Document Preparation
We review your proposed settlement terms, ensure compliance with Georgia’s equitable division laws, and prepare all required court documents including the Petition, Settlement Agreement, Financial Affidavit, and Parenting Plan (if children are involved).
Filing with Georgia Court
We file your divorce petition with the appropriate Georgia Superior Court, pay all required filing fees, and handle all procedural requirements. We arrange for proper service of process or obtain a waiver from your spouse.
31-Day Waiting Period
Georgia law requires waiting 31 days from the filing date before the divorce can be granted. During this time, we ensure all documentation is complete and prepare for the final hearing.
Final Hearing
In most uncontested cases there is no hearing, although some judges may still require one. If so it will be short, straightforward proceeding where the judge reviews your agreement and grants the divorce, most likely conducted remotley.
Final Decree & Finalization
The judge signs the Final Decree of Divorce, officially ending your marriage. We ensure all post-judgment matters are properly handled, including any necessary recordings or transfers.
Georgia-Specific Divorce Considerations
Equitable Division in Georgia
Georgia follows “equitable division” principles, meaning marital property is divided fairly based on several factors:
- Duration of the marriage
- Each spouse’s financial situation
- Contributions to the marriage (monetary and non-monetary)
- Future earning capacity of each party
- Conduct of parties during the marriage
- Georgia’s cut-off date for determining whether an asset is martial or non martial is the date of the entry of the final divorce decree, so if you with the lottery in the middle of a divorce proceeding, it is still marital property subject to be divided.
Grounds for Divorce in Georgia
Georgia allows both fault-based and no-fault grounds. In uncontested cases, couples typically use the no-fault ground: “the marriage is irretrievably broken.”
Georgia Parenting Plans
If you have minor children, Georgia requires a comprehensive Parenting Plan addressing:
- Legal custody (decision-making authority)
- Physical custody and visitation schedule
- Holiday and vacation time-sharing
- Transportation arrangements
- Communication between parents and children
- Healthcare and education decisions
- Dispute resolution procedures
Child Support in Georgia
Georgia uses income shares model to calculate child support based on both parents’ gross incomes, number of children, health insurance costs, work-related childcare, and other factors specified in Georgia’s Child Support Guidelines.
Uncontested vs. Contested Divorce in Georgia
| Factor | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Agreement | Both spouses agree on all terms | Disputes on one or more issues |
| Timeline | 6-10 weeks minimum (31-day wait required) | 6-18+ months |
| Cost | $1,200- $3,000 | $15,000 - $50,000+ |
| Court Appearances | One brief final hearing | Multiple hearings and trial |
| Stress Level | Lower - cooperative process | Higher - adversarial litigation |
| Control | You decide the terms | Judge decides disputed issues |
| Privacy | More private | Public court proceedings |
Serving All of Georgia
Attorney Vince Sowerby is licensed to practice throughout the entire state of Georgia and provides uncontested divorce services to clients in all Georgia counties, including:
Metro Atlanta
Fulton, DeKalb, Cobb, Gwinnett, Clayton, Cherokee, Forsyth, Henry, Douglas, Fayette
Coastal Georgia
Chatham (Savannah), Glynn (Brunswick), Camden, Liberty, McIntosh, Bryan
North Georgia
Hall (Gainesville), Jackson, Dawson, Pickens, Bartow, Gordon, Murray, Whitfield (Dalton)
All Other Counties
We serve clients in all 159 Georgia counties including Augusta (Richmond), Columbus (Muscogee), Macon (Bibb), Athens (Clarke), and every other county statewide.
Frequently Asked Questions About Uncontested Divorce
Can the 31-day waiting period be waived in Georgia?
No. Georgia law mandates a 31-day waiting period from the date of filing until the divorce can be finalized. This waiting period cannot be waived under any circumstances, even if both parties agree and the divorce is uncontested.
Do both spouses need to appear in court for an uncontested divorce in Georgia?
In most Georgia counties, no court appearance is necessary when all documents are in order. For uncontested divorces where the paperwork is properly completed and signed by both parties, the case can typically be finalized without a hearing. Vince will let you know what your specific county requires.
Can I get a divorce in Georgia if my spouse lives in another state?
Yes, as long as you meet Georgia’s residency requirement (6 months). However, the divorce must be filed in the county where you reside since your spouse is not a Georgia resident. Proper service on your out-of-state spouse is required.
How is alimony determined in Georgia uncontested divorces?
In an uncontested divorce, you and your spouse agree on whether alimony will be paid, the amount, type, and duration. The agreement must be reasonable under Georgia law, which considers factors like length of marriage, financial resources, standard of living, age and health of parties, and contributions to the marriage.
What happens if we can't agree on everything?
If you cannot reach full agreement on all issues, your divorce becomes contested. We can help you through mediation to try to resolve disputes, or represent you in a contested divorce proceeding if necessary.
Can I modify child support or custody after the divorce in Georgia?
Yes. Child support and custody arrangements can be modified if there’s a substantial change in circumstances. However, property division in the divorce decree is generally final. It’s important to ensure the original agreement is fair and comprehensive.
Do I need a lawyer if we agree on everything?
While not legally required, having an attorney for even an uncontested divorce is highly recommended. An attorney ensures proper paperwork, protects your rights, reviews agreements for fairness, handles complex issues like retirement division, and prevents costly errors that could affect you for years.
What's the difference between legal separation and divorce in Georgia?
Georgia recognizes legal separation as an alternative to divorce. In a separation, you remain married.
Get Started With Your Uncontested Divorce Today
Don’t risk your financial future and legal rights by attempting to handle your divorce without proper legal guidance. Even when you and your spouse agree on terms, professional representation ensures your interests are protected, all documents are properly prepared, and your divorce proceeds smoothly to completion.
Attorney Vince Sowerby provides experienced, compassionate legal representation for uncontested divorces throughout Florida and Georgia. We make the process as efficient and stress-free as possible while ensuring all legal requirements are met and your rights are fully protected.