Uncontested Divorce with No Children: A Simple Process?

Georgia law allows two different methods of an uncontested divorce:

• By default where the respondent does not respond to the divorce petition filed by the petitioner; or
• By both parties agreeing to enter into a settlement agreement regarding all property division, spousal support and any other issues that the parties agree upon.

How Long Will it Take?

In an uncontested no children divorce, Georgia law does not require that notice of the divorce petition be served on your spouse, provided your spouse waives service of process after the petition for divorce has been filed.  This will also help to shorten the divorce process and get a quicker final hearing date.  You and your spouse should determine how you are going to divide up personal and real property, and who will take possession.   Once you and your spouse have finalized the settlement agreement, it generally takes about 30-40 days to get a final divorce hearing in an uncontested Georgia divorce in order to have the judge sign the final divorce decree.

Advantages and Disadvantages

The main advantages of an uncontested divorce are you save time and money.  The main disadvantage is if you and your spouse are not on good speaking terms or constantly argue, it will be difficult to come to an agreement on any issues to be able to enter into a settlement agreement.  In this case, an uncontested divorce may not be the right solution.  You and your spouse should retain separate legal counsel for advice as well.  

Speak with a Family Law Attorney 

It is always a good idea to speak with a family law attorney to find about the laws and procedures regarding an uncontested Georgia divorce.  The attorney can prepare and file the paperwork for you and explain the uncontested divorce process to you.