Uncontested divorce in Georgia is a type of marriage dissolution that requires spouses to agree on all divorce-related issues. To be eligible for an uncontested divorce, one must also meet certain requirements, such as residing in the state for a specific amount of time or attending parenting classes for couples with kids. The divorce process typically includes preparing the necessary documents, filing them with the court, serving a defendant, waiting for the response, completing the waiting period, and finalizing the divorce.
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Getting an uncontested divorce in Georgia is possible when both spouses are in agreement concerning ending their marriage and all aspects related to it, such as custody of kids, property distribution, spousal support terms, etc. Such a divorce type, often referred to as a simple divorce, is the quickest and easiest method to dissolve a marriage.
In Georgia, some specific requirements must be met to go through an uncontested divorce. Let’s focus on them in more detail.
Under the 2020 Georgia Code, a divorce can be granted by Georgia courts only to individuals who have lived in the state for at least six months before filing. A Complaint must be submitted in the county where the respondent lives. If only the petitioner is a state resident, the divorce must be filed in their county.
Spouses must compromise on all the divorce terms, including property division, child custody arrangements, alimony award, etc. Reaching an agreement out of court has several benefits. It helps a couple avoid prolonged court litigation, reducing time and expenses on the process. Besides, spouses typically need less legal representation or may not use it altogether, which leads to significant cost savings. Moreover, it can reduce stress for children involved in the case as issues are resolved amicably, without court battles between parties.
Couples with children under 18 should take a mandatory parenting class. It aims to assist parents and children in adapting to life after divorce. The parenting class fees typically range from $30 to $60. All parenting seminars are usually no longer than four to six hours. Since the class is ordered by the court, any divorce, contested or uncontested, cannot be finalized until spouses submit the certificate confirming that they have attended a parenting class.
To get a divorce in Georgia, spouses must understand the main steps involved. For an uncontested case, the process may be as follows:
An uncontested divorce is usually a more peaceful alternative to contested litigation. However, this marriage dissolution type has other important advantages besides its amicable nature:
An uncontested divorce is definitely a civil, cost-efficient, and fast way to end a marriage. Still, it sometimes entails certain risks you should be aware of. For instance, if one partner is more educated, skilled, or has a higher income than the other, or if there’s been abuse, infidelity, or dishonesty in the marriage, the other partner may need a lawyer or someone to speak up for them to make sure their rights and interests are protected. Any power imbalance may lead to unfair decisions, which may cause much regret in the future.
In this case, it may be better to file for a contested divorce and let the judge resolve the disputes according to state guidelines. Thus, the court will consider the rights and obligations of both parties and issue a fair and well-grounded Final Judgment and Decree of Divorce.
On average, an uncontested divorce in Georgia lasts a couple of months. Once the mandatory 30-day waiting period expires, the court can grant a divorce unless other cases are pending.
The typical cost of an uncontested divorce without minor children is approximately $600 and $800-$1,000 if kids are involved. A divorce filing fee varies from $200 to $300.
It isn’t strictly necessary to have a lawyer when getting a divorce in Georgia, even an uncontested one. Some couples still hire legal experts not to turn their cases into a contested divorce but to receive legal advice on important issues, understand their rights, or complete divorce documents properly. The level of attorney’s involvement is always a matter of preference.