Understanding Uncontested Divorce in Georgia

Uncontested divorce. It sounds innocuous enough—even quick, easy and downright simple. In Georgia law, the uncontested divorce implies that both parties have already agreed to everything and the Court does not decide the final outcome. While that is not impossible, it is highly unlikely, as every divorce case, contested or uncontested, is complicated and fraught with caveats not immediately evident to either of the parties. In an uncontested divorce in GA, both parties agree to the terms including:

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That can be challenging enough, but in Georgia, there are many additional terms and Georgia law nuances, making this simple and amicable sounding process anything but that. It is at the very least complicated. So much so, that hiring an experienced attorney to help navigate through the process is a prudent decision to make certain that everything is executed correctly, ensuring the case will hold up in Court.

Do I have to go to Court?

To add to the complexity, cases vary by county and judge. For instance, an uncontested divorce in Atlanta may differ from one in Savannah. The location of the case dictates factors like whether or not you need to appear in Court, the length of time the case will take and ultimately, the outcome of the divorce itself. For example, most divorces involving children will require your presence in Court. If there are no children in the equation, you most likely will not need to appear, however, there is the possibility.

How long will my divorce take?

Typically, the first step in a divorce, filing the documents with your attorney, can take as little as a few days and as much as several months. Once those documents are filed with the Court, it is a minimum of 31 days up to 60 days until the judge signs the decree.

Regardless of best intentions, divorces are generally not easy. Complex Georgia law is not something one should tackle without professional, experienced legal guidance. Stearns-Montgomery & Proctor Family Law has over three decades of experience in this tedious process. To schedule a consultation, visit the button below or call 678-971-3413.