How to File an Uncontested Divorce in Georgia
When people think of divorce, they commonly think of a bitter legal battle with drawn-out court hearings. That doesn't have to be the case. Quite often, a divorce is uncontested, meaning that both people want the divorce and want it done quickly. In Georgia, an uncontested divorce is filed in much the same way as a contested divorce, with the main difference being that the divorce is granted sooner.
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Instructions
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Hire legal counsel to assist with the paperwork. The counsel can also assist in dividing up the marital assets. If the divorce is uncontested, an agreement on assets can be reached before filing.
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One spouse, acting as the plaintiff, must file a document called a "complaint" with the Clerk of Superior Court in the county of residence. The court then delivers a copy of the document to the other spouse, the defendant.
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Both spouses must sign the divorce documents, which indicates their desire to proceed.
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Both spouses must come to an agreement regarding the following issues: custodial arrangements for children, division of marital assets, payment of marital debts, division of property and arrangements for alimony (if any). If the divorcing spouses arrange these matters beforehand, the paperwork is simply filed with the court, and a judge issues an order to dissolve the marriage.
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Tips & Warnings
If neither party contests the divorce, the judge will grant the dissolution of the marriage within 31 days of the defendant receiving the divorce papers. If the married couple cannot reach a full agreement on all issues, they must attend court hearings where the judge will decide for them.
