Uncontested Divorce in Georgia

You and your spouse have decided to move on. You're mostly on the same page, and you'd like to get through this as smoothly and affordably as possible. If that sounds like your situation, an uncontested divorce in Georgia may be exactly what you're looking for. Georgia is one of the most accessible states in the country for an uncontested filing: there's no mandatory waiting period before you file, no separation requirement, and the process can wrap up in as few as 31 days after your spouse is served. This guide walks you through every step.

Do you qualify for an uncontested divorce in Georgia?

An uncontested divorce works when both spouses agree on every significant issue before any paperwork is filed. That covers the division of marital property and debt, whether either spouse will pay alimony, and if children are involved, where they will live, how parenting time will be shared, and how much child support will be paid. If you have not agreed on everything yet, you may still get there. Negotiation and divorce mediation are common paths couples take to resolve remaining disagreements before filing, which keeps the divorce uncontested and the costs manageable.

Residency. Georgia requires that at least one spouse has lived in the state for a minimum of six months immediately before filing. The divorce is filed in the Superior Court of the county where the non-filing spouse (the Defendant) resides. If your spouse has left Georgia entirely, you file in your own county.

No separation period. Georgia does not require couples to live apart before filing for divorce. There is no legal separation requirement at all. You can file the day you decide to, as long as residency is met.

Grounds for divorce. The vast majority of Georgia divorces are filed on no-fault grounds, meaning both spouses state only that the marriage has broken down irretrievably. You are not required to assign blame to anyone. Georgia does allow fault-based grounds such as adultery, cruelty, desertion, or conviction of certain crimes, but for an uncontested filing, a no-fault claim is standard and sufficient.

Plaintiff and Defendant. In Georgia, the spouse who initiates the divorce is called the Plaintiff. The other spouse is the Defendant. These are the terms you will see throughout the court forms. In other states, those same roles may be called petitioner and respondent, but the function is identical.

How much does an uncontested divorce cost in Georgia?

Cost is one of the most common questions people have, and the good news is that an uncontested Georgia divorce is genuinely affordable when both spouses cooperate. The primary factors that drive total cost are whether you hire an attorney and how much paperwork preparation help you need.

Here is what to expect at each level of support:

• DIY pro se filing: You prepare the forms yourself using the free templates on the Georgia Courts self-help portal. Your only out-of-pocket cost is the court filing fee of roughly $200 to $230 (varies by county) plus $40 to $75 for service of process if your spouse does not sign an Acknowledgment of Service voluntarily. Total: $265 to $330.
• Online divorce service or flat-fee document preparation: A service prepares your forms and reviews them for completeness. You still file and manage your own case. Total cost including filing fees typically runs $300 to $1,500.
• Limited legal help (unbundled representation): You hire an attorney for specific tasks only, such as reviewing your settlement agreement or answering legal questions, rather than full representation. This is the approach Hello Divorce offers through hourly legal coaching. Total cost generally runs $500 to $2,500 depending on how much attorney time you use.
• Full attorney representation (uncontested): Both spouses hire separate attorneys who handle everything. Even for uncontested cases, expect $4,000 to $6,000 or more in combined legal fees. This level makes most sense when assets are complex or one spouse is uncomfortable navigating the process alone.
• Fee waivers for low-income filers: If your household income is at or below 125% of the federal poverty guidelines, you may qualify to have the filing fee and service costs waived entirely. You do this by filing an Affidavit of Indigence with the court. Your total cost could be $0.

For comparison, a contested Georgia divorce that requires trial preparation typically costs $15,000 to $25,000 per spouse. Getting to agreement before you file is, by far, the most powerful way to protect your finances during this process. If you are stuck on specific issues, divorce mediation is usually far less expensive than litigation.

How to file for uncontested divorce in Georgia: step by step

Georgia's uncontested divorce process is straightforward once you understand what is required at each stage. Here is what it looks like from start to finalized decree.

• Step 1. Draft and sign a settlement agreement. Before you file anything, put your agreements in writing. Your settlement agreement should cover every open issue: how property and debt will be divided, whether either spouse will pay alimony, and if children are involved, custody arrangements and child support. Both spouses sign this document. It becomes the foundation of your final divorce decree.
• Step 2. Prepare your complaint for divorce. The Plaintiff fills out the official Complaint for Divorce from the Georgia Courts self-help portal. There are separate forms for cases with and without minor children. The complaint identifies the parties, states grounds for divorce (typically irretrievable breakdown of the marriage), and incorporates your settlement agreement.
• Step 3. File with the Superior Court in the correct county. Take your completed complaint and supporting documents to the Superior Court Clerk's office in the county where your spouse lives. Pay the filing fee of approximately $200 to $230. Find your county clerk here. Ask the clerk whether your county has any additional local filing requirements, as these vary.
• Step 4. Serve your spouse. Even if your spouse already knows about the divorce and agrees to everything, you must formally serve them with the divorce paperwork or have them sign an Acknowledgment of Service. Service can be completed by a sheriff, a professional process server, or by your spouse voluntarily signing an Acknowledgment. The Acknowledgment route saves the $40 to $75 sheriff service fee.
• Step 5. Wait out the 30-day response period. After service, the Defendant has 30 days to file a counterpetition if they change their mind about any terms. This waiting period is mandatory under state law and cannot be waived. It is what sets the absolute earliest possible finalization at 31 days after service.
• Step 6. Finalize with the court. If the 30-day period passes without a counterpetition, the judge reviews the paperwork. In most uncontested cases, a judge can sign the Final Judgment and Decree of Divorce on the papers alone, without requiring either party to appear for a hearing. Some judges or counties may still require a brief hearing, so confirm with your clerk's office in advance.

A note about financial disclosures: in an uncontested Georgia divorce, both spouses can agree in writing to waive the formal exchange of financial disclosures. If your divorce is contested, full disclosure becomes mandatory. If you have significant assets or you are not certain about your spouse's finances, it is worth talking to an attorney before waiving this step.

How long does an uncontested divorce take in Georgia?

Georgia has no mandatory waiting period before you file, which is a meaningful advantage over states that require six months or a year of separation first. Once you file and serve your spouse, the 30-day response window begins. After that window closes without a counterpetition, the judge can finalize the divorce as soon as the court's schedule allows.

In practice, most uncontested divorces in Georgia are finalized within 45 to 90 days of filing, with some moving faster depending on the county's docket. Fulton County (Atlanta) tends to move slower than smaller counties due to caseload volume. If getting finalized quickly matters to you, it is worth calling your county's clerk to ask about typical turnaround times before you file.

What slows things down most is not the court — it is usually incomplete paperwork or a settlement agreement that the judge finds unclear or legally deficient. Having a professional review your documents before filing can prevent delays and avoid having to refile. Hello Divorce's plans include document review options designed exactly for this purpose.

What happens when children are involved?

An uncontested divorce is still available when you have minor children. The requirements are simply more detailed. Courts review parenting agreements carefully because the standard for approval is what is in the best interests of the children, not just what the parents agreed to.

In addition to your settlement agreement, divorces involving minor children require these additional forms and considerations:

• Parenting plan. Georgia requires a written parenting plan that specifies legal custody (decision-making authority over health, education, and religious upbringing), physical custody (where the children live), and a detailed parenting time schedule including holidays, school breaks, and provisions for schedule changes.
• Child support worksheet. Georgia calculates child support using the Income Shares Model, which factors in both parents' gross monthly incomes, parenting time, health insurance costs, and childcare expenses. You must complete and file an official Georgia Child Support Calculator worksheet. The calculator is available free through the Georgia Courts website.
• Co-parenting education. Many Georgia counties require both parents to complete a court-approved co-parenting education program before the divorce is finalized. Fees are typically $25 to $50 per person. Check with your county clerk to confirm whether this is required in your jurisdiction.
• Complete complaint for divorce with minor children. You will use the version of the complaint form specifically designed for cases involving children, available through the Georgia Courts divorce forms portal.

Child support agreements that deviate from the state's calculated guideline amount must include a written explanation of why the deviation serves the children's best interests. Judges do have discretion to reject agreements they find inadequate, even in uncontested cases. If you want help putting together a parenting plan that will hold up, our parenting and children's section and our team of divorce coaches and attorneys can walk you through it.

The more thought you put into your parenting plan now, the fewer conflicts you are likely to face later. Vague agreements about holidays and school-year schedules are a common source of post-divorce disputes. Specificity is your friend.

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