Uncontested Divorce

An uncontested divorce is one where both spouses agree on every issue: how to divide property and debts, whether either spouse will receive alimony and, if there are children, custody, parenting time and child support. When the agreement is complete and the paperwork is right, a Georgia uncontested divorce is usually the fastest and least expensive way to end a marriage. Our office helps spouses in Atlanta, Norcross and across metro Atlanta put their agreement in writing, file correctly and finalize the divorce without surprises.

What makes a divorce “uncontested”

A divorce is uncontested only if the spouses agree on everything. Agreeing that the marriage is over, or agreeing on most issues, is not enough. If a single issue remains open, such as the house, a retirement account or the holiday schedule, the case is contested until that issue is resolved. Many cases start as contested and become uncontested after negotiation or mediation. See our contested divorce page for how those cases work.

Georgia requirements

• Residency. At least one spouse generally must have been a bona fide resident of Georgia for six months before filing.
• Grounds. Most uncontested divorces are filed on the no-fault ground that the marriage is “irretrievably broken”.
• Waiting period. On that ground, a court cannot grant the divorce until at least 30 days after the other spouse is served or acknowledges service.
• Venue. The case is usually filed in the superior court of the county where the responding spouse lives, such as Gwinnett, DeKalb, Fulton or Cobb.

The documents in an uncontested divorce

Every case is different, but a typical Georgia uncontested divorce includes:

• A complaint (petition) for divorce
• An acknowledgment of service, or a waiver of formal service, signed by the other spouse
• A settlement agreement that covers property, debts, alimony, taxes, insurance and any other terms
• For couples with children, a parenting plan that meets Georgia’s requirements, and a child support worksheet with the required schedules
• A domestic relations financial affidavit from each spouse, as required by the Uniform Superior Court Rules
• A final judgment and decree of divorce that incorporates the agreement

Many superior courts also require divorcing parents to complete a parenting seminar before the divorce is finalized. Some judges finalize uncontested cases on the papers, and others schedule a short hearing. The Georgia courts publish family law self-help resources, including divorce forms.

Why the settlement agreement matters most

The settlement agreement becomes part of the court’s final order. Once the divorce is final, the property division generally cannot be changed. A vague or incomplete agreement can create a dispute years later. A strong agreement addresses:

• The marital home: who keeps it, who refinances, by when, and what happens if the refinance fails
• Retirement accounts: how they are divided, and whether a qualified domestic relations order (QDRO) is needed
• Debts: who pays each credit card, car loan or tax debt, and protection if the other spouse does not pay
• Vehicles, bank accounts and personal property
• Alimony: whether it is waived or paid, the amount, the duration and whether it can be modified
• Health insurance and life insurance for children or a former spouse
• Tax issues, such as who claims the children as dependents
• A name change, if either spouse wants to restore a prior name in the divorce decree

Children and child support

Even when parents agree, the judge must approve the parenting plan and child support as being in the children’s best interests. Child support must be calculated under Georgia’s child support guidelines. Since January 1, 2026, the guidelines include a parenting time adjustment based on court-ordered parenting time and a low-income adjustment. Parents can agree to a different amount only if the reason for the deviation is explained and the court approves it. See our child support page for details.

When an uncontested divorce may not be the right fit

• There is a history of family violence, threats or control over money
• One spouse is hiding assets or refuses to share financial information
• One spouse is pressuring the other to sign quickly
• There are complex assets, such as a business, rental properties or stock options, that have not been valued
• One spouse cannot be located

In those situations, a quick agreement can leave one spouse with far less than the law allows. If your spouse cannot be found, Georgia allows service by publication in some cases, but the court’s power to divide property and set support may be limited.

Can one lawyer represent both spouses?

No. A lawyer can represent only one spouse in a divorce, even when the spouses agree. In many uncontested cases, our office represents one spouse and prepares the documents, and the other spouse is free to have the agreement reviewed by their own lawyer. That review protects both of you and makes the agreement more likely to hold up.

How long does it take?

If the paperwork is complete and the other spouse signs promptly, an uncontested divorce can often be finalized shortly after the 30-day waiting period, depending on the court’s schedule. Delays usually come from incomplete agreements, missing financial affidavits, child support worksheet errors or waiting for a parenting seminar certificate.

Hypothetical: A couple in Duluth with one child agrees that the mother will keep the house and refinance it within six months, the father will keep his 401(k) and pay her half its value, and the child will live primarily with the mother with a standard parenting schedule. Their child support worksheet reflects the father’s parenting time under the 2026 adjustment. Their settlement agreement spells out what happens if the refinance fails. The father signs an acknowledgment of service, and the divorce is finalized after the 30-day waiting period.

You can also read our divorce and family law overview and our post on questions to ask before signing an agreement.

This page reflects Georgia law as of November 2026. Laws and court rules change, so confirm current requirements before you file.

How our office can help

If you are looking for an uncontested divorce lawyer in Atlanta or Norcross, our office can review your agreement for gaps, prepare the complaint, settlement agreement, parenting plan and child support worksheet, coordinate signatures and service, and file the final decree.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.