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What is an uncontested divorce in Georgia?

On Behalf of | Nov 18, 2022 | Family Law

Divorce proceedings in Georgia fall into one of two categories: contested and uncontested.

The difference between contested and uncontested divorce is whether or not both parties can come to an agreement on the terms of the divorce.

What is an uncontested divorce?

In an uncontested Georgia divorce, you and your spouse mutually agree that divorce is the best course of action, eliminating the need for one spouse to serve the other with divorce papers. You also agree on the terms of the divorce, including property division, child custody, child support and spousal support.

Do you still need to go to court?

Generally, you still need to attend a hearing when you file an uncontested divorce petition. If you have minor children, the court must approve your proposed parenting schedule.

What are the benefits of an uncontested divorce?

An uncontested divorce gives you and your spouse control over the process. When you are able to agree and compromise, you do not need a judge to make decisions for you. You can settle your divorce and move on with your lives much more quickly than you can in a contested divorce.

An uncontested divorce also makes it easier to keep the details of your divorce private, which may be especially important to you if you have children, a high-profile job or a prominent position in your community.

Uncontested divorce is not possible or desirable for every couple. However, if you are able to get along and work together with your spouse, an uncontested divorce can be faster, more affordable and less stressful than a contested divorce.