Uncontested Divorce Process
Before the Case Begins
An uncontested divorce is the fastest, least expensive and least stressful way to get a divorce in Georgia. This article explains how we evaluate, start, prepare, file, and complete the uncontested cases we accept. We may adjust the steps to fit the client’s circumstances and the requirements of the court.
We highly prefer that you begin with our Client Inquiry Form. It gives us basic information about you, your spouse, and your situation so we can evaluate whether the case fits our process. Some prospective clients call or schedule a meeting first; we can still discuss how to proceed.
Before starting a case, you may have an optional, free telephone consultation of about 15 to 20 minutes. This is an opportunity to ask preliminary questions about your situation, our process, and the cost. It is separate from the case-start conference, which begins your case.
Where you got married does not determine where a Georgia divorce is filed. Residence and venue matter. Generally, at least one spouse must have been a Georgia resident for six months before filing. We review the circumstances to determine whether and where we can file the case.
Military residence questions can be different. An active-duty service member who is not otherwise a Georgia resident may need to have been stationed in Georgia for 12 months. A service member stationed elsewhere may still qualify based on a Georgia home of record maintained for at least six months. We can discuss those circumstances during our review. Uncontested Military Divorce explains more about the service we offer military families.
The Case-Start Telephone Conference
When you are ready to proceed, we arrange a telephone conference to discuss your case in detail. You can review our Getting Started page for the steps leading up to that meeting. A service member can participate in the case-start conference from anywhere in the world.
The conference generally takes 45–60 minutes without minor children and 60–90 minutes with minor children. We gather the information needed for your documents, discuss the issues in your case, advise you, and explain how we expect to handle the matter.
The spouses should agree on all material issues before the case-start conference. Minor details may sometimes be resolved during or after the conference. We discuss the issues relevant to your case, which may include alimony, child custody and parenting arrangements, visitation, child support, health insurance, real estate, personal property, retirement accounts, and debts.
If you have minor children, the spouses should generally agree that child support will be paid, but the exact amount may be calculated and finalized during or after the case-start conference. We will need information about both spouses’ gross monthly incomes, the children’s health insurance costs, and, when applicable, work-related childcare costs. We use the Georgia Child Support Worksheet when calculating child support.
The full divorce attorney fee is due at the case-start conference. You may pay by money order, MoneyGram, credit card, or debit card. The attorney fee differs depending on whether you pay by money order/money gram or card. The card processor adds a 2% surcharge to credit-card payments; the surcharge does not apply to debit-card payments.
Whom We Represent
We represent one spouse, not both, and cannot give the other spouse legal advice. In nearly all of our uncontested divorce cases, we represent the plaintiff. In rare cases, we represent the defendant.
The other spouse often does not hire a separate attorney but has the right to do so. You and your spouse remain responsible for working out your agreement with each other, while we advise the spouse we represent. Negotiating with the other spouse’s attorney is outside our flat fee and requires an additional fee.
We ordinarily need the other spouse’s current address. In some cases, we may proceed without it if the spouses are otherwise cooperative and our client can reliably contact the other spouse to discuss the case and coordinate the signing of documents.
The other spouse ordinarily signs an Acknowledgment of Service. If the other spouse will not sign it, we generally cannot handle the matter as an uncontested divorce.
Preparing and Reviewing the Documents
After the case-start conference, we open your file and prepare a draft Settlement Agreement. If the case involves minor children, we also prepare the applicable child support and parenting documents. We send the drafts to you by email with instructions.
Drafts are for review, not signing. You and your spouse should check that the documents accurately state your agreement and tell us about any errors or terms that still need attention. We revise the drafts as needed so the documents reflect the agreement you have reached.
If you need additional time to meet Georgia’s residency requirement before filing, we can prepare a separate Settlement Agreement in advance. There is no separate additional fee for preparing that agreement. The full divorce attorney fee is still due at the case-start conference.
Signing and Filing
Once you and your spouse are satisfied with the drafts, we email the documents for signing with instructions. You and your spouse must arrange conventional notarization for each document that requires it. You then return the original physically signed documents to our office. Scans, faxes, and copies are not accepted for filing.
Court costs are due when you send us the signed divorce documents. We then file the case electronically and handle appropriate communications with the clerk and court.
We can prepare a quitclaim deed directly related to the divorce case for an additional fee of $200.
Divorcing Parent Seminars
If you have minor children, the county or judge may require you and your spouse to attend a four-hour educational seminar before the divorce is granted. The seminar must be approved by the court in your county. It costs about $50, although the cost in some counties is as high as $75. You do not have to attend with your spouse.
Since COVID, most courts permit parents to attend a seminar online. It may cost more than an in-person seminar. Some judges do not require the seminar at all. If the judge assigned to your case requires it, you must complete it for the divorce to proceed.
An active-duty service member may sometimes be able to attend a seminar offered at or near a duty station if the court accepts it. If the service member is overseas in a remote or dangerous location and a seminar is unavailable, the judge will usually allow participation in an online seminar.
Completing the Divorce
In nearly all cases we handle, we ask the court to grant the divorce by motion. We submit a written request for the court to decide the uncontested case without a hearing.
After the 30-day waiting period, we prepare an affidavit about your divorce for you to sign before a notary. Your spouse does not sign that affidavit. You return the original physically signed affidavit to us, and we submit it with the proposed final decree. The judge reviews the case and determines whether to grant the divorce.
Overwhelmingly, matters are completed without the client appearing in court, but the court determines whether an appearance is required.
Start With the Client Inquiry Form
To begin, complete the Client Inquiry Form. Your information will come to us by secure email. We will respond to your inquiry promptly and confidentially and can provide a free preliminary consultation to answer your initial questions.