What Happens After You File for an Uncontested Divorce in Georgia?

By Jennifer Williams

An uncontested divorce in the state of Georgia requires the agreement of both spouses as to property division, spousal and child support, and visitation. Once both spouses sign off on the Martial Settlement Agreement, the judge may approve the divorce without any further action by the parties. If a final hearing is required, only one spouse appears before the judge to obtain the judge's signature on the divorce decree, after which the divorce is final.

Initial Process

The divorce process begins when one party files a Petition for Dissolution of Marriage. In an uncontested divorce, both spouses have already agreed upon all material terms, i.e., property division, spousal and child support amounts, and visitation schedules. A Marital Settlement Agreement is typically filed with the initial petition attesting to the spouses' agreement and detailing these arrangements.

Waiver of Service and Notice

Only one spouse needs to file the initial Petition for Dissolution. The other spouse typically signs an Acknowledgment of Service and Consent to Jurisdiction, which waives formal service of the petition and any further notice of events in the case. The purpose of this step is to expedite the divorce process. Since the spouses have agreed on everything up front, there is no need for the service of process and hearing notices typical of contested divorces. The Acknowledgment of Service and Consent to Jurisdiction is filed with the Petition and Marital Settlement Agreement.

Divorce is never easy, but we can help. Learn More

Forms Filed with Initial Petition

In addition to the Petition for Dissolution, Marital Settlement Agreement and Acknowledgment of Service and Consent to Jurisdiction, the state of Georgia requires spouses to file a few additional papers, even though the divorce is uncontested. Both spouses must file financial affidavits disclosing their respective financial situations. Also, a copy of any past separation agreements the parties entered into must be filed. Lastly, the spouses must file a Consent to Try Within 31 Days, which gives the court permission to grant the divorce within 31 days. Additional documents may be required by the court before it grants the divorce, such as copies of any existing court orders involving the parties and personal or business tax returns.

Final Process

In an uncontested divorce with no minor children, the divorce may be granted within 31 days of filing. A hearing may still be required, however. At an uncontested divorce hearing, the petitioning spouse appears before a judge and answers a few brief questions to verify to the judge's satisfaction that the divorce is by mutual consent. An attorney may request a judgment without hearing in an uncontested divorce if there are no minor children and there is no real property to be divided.

Default

If the Petition for Dissolution is filed by one spouse but the other spouse does not participate in a Marital Settlement Agreement or sign an Acknowledgment of Service and Consent to Jurisdiction, the Petition must be served on that spouse, after which he or she has 30 days to file a response. If no response is filed by the deadline, the non-responding spouse is considered to be in default, and the spouse who filed the Petition may make a motion to the court for a default decree of divorce. In this instance, a default divorce is considered an uncontested divorce, and whatever relief is requested in the petition is automatically granted.

Divorce is never easy, but we can help. Learn More
Procedures for Divorce by Mutual Consent

References

Related articles

How to Get an Uncontested Divorce in Massachusetts

In Massachusetts, the uncontested divorce process provides couples with the option of avoiding some of the time-consuming aspects of standard divorce. As long as the eligibility requirements are met, a couple may initiate the process together, enter into mutual agreements and often finalize their divorce within a month. To qualify in Massachusetts, you and your spouse must be on the same page regarding all the major issues related to your divorce, including property, support and child custody.

Uncontested Divorce in Texas

An uncontested divorce in Texas allows a married couple to end the union legally and on mutually agreed terms. Texas divorces are handled through the district court of the county of at least one spouse's residence. One of the parties in the divorce must have been a Texas resident for at least six months in a row and lived in the filing county for at least 90 days before seeking a divorce in the Texas court.

How Do I File for Divorce in Oregon?

In Oregon, divorce is called dissolution of marriage. Either spouse can file for dissolution and must do so in accordance with the procedures set forth in the Oregon statutes. During the dissolution proceeding, a court may divide marital property, award alimony, decide custody issues and terminate the marriage.

Get Divorced Online

Related articles

Divorce Process in Georgia

Georgia state laws govern the process of divorce. The state has adopted “no-fault” divorce, meaning you do not need ...

Steps to Filing for Divorce in Pierce County, Washington

The state of Washington permits you to obtain a divorce if you or your spouse is a resident of the state. State law ...

Michigan Divorce When Neither Spouse Has Anything & They Have No Kids Together

When spouses own no property together and custody of children is not an issue, divorce can be a relatively quick, ...

What Happens If Divorce Papers Go Unsigned?

During the divorce process, the court and individual spouses’ attorneys ask both parties to sign agreements, petitions ...

Browse by category
Ready to Begin? GET STARTED