Guide to Uncontested Divorce in Georgia

Uncontested / Simple Divorce in Georgia: A Plain-English Guide

If you and your spouse agree that the marriage is over and you don’t want a long, expensive court battle, an uncontested divorce in Georgia, sometimes called a simple divorce, is often the most straightforward way to legally end your marriage.

In Georgia, the difference between a smooth DIY case and a delayed one often comes down to speaking the court’s language and following the county’s procedure: filing in the right Georgia Superior Court, using the correct pleadings (starting with a Complaint for Divorce), handling service properly (often with an Acknowledgement of Service), completing the required financial paperwork (the Domestic Relations Financial Affidavit (DRFA)), and giving the clerk and judge a complete packet to process.

This guide explains, in plain English, how simple and uncontested divorce in Georgia usually works: who qualifies, the basic steps, how long it might take (including the minimum waiting period after service), and where a do-it-yourself approach can fit in.

Important disclaimer: This article is legal information only, not legal advice. PlainDivorce.com is not a law firm and cannot tell you what to do in your personal case. Georgia court rules, forms, and fees can change, and different counties may have slightly different procedures. Always check current instructions on your local Superior Court website and talk to a Georgia lawyer if you need legal advice about your specific situation.

---

Table of Contents

• 1. What Is an Uncontested or Simple Divorce in Georgia?
• 2. Who Qualifies for an Uncontested Divorce in Georgia?
• 3. Step-by-Step Overview of the Uncontested Divorce Process in Georgia
• 4. Special Issues When You Have Children
• 5. How Long Does an Uncontested Divorce Take in Georgia?
• 6. What Does an Uncontested Divorce Cost?
• 7. FAQ (Fast Answers to Common Georgia Questions)
• 8. When a DIY Divorce Might Not Be Right for You
• 9. Where a Self-Help Divorce Kit Fits Into the Process
• 10. Final Thoughts and Next Steps

---

1. What Is an Uncontested or Simple Divorce in Georgia?

In Georgia, divorce is handled in the Superior Court. The case typically begins when one spouse files a Complaint for Divorce (the common Georgia label for the initial filing).

The most common modern ground is that the marriage is “irretrievably broken”, meaning there is no realistic chance of reconciliation. Most uncontested cases use this no-fault ground.

A case is generally considered an uncontested divorce in Georgia when:

• Both spouses agree the marriage should end, and
• They have already agreed on all major issues (property, debts, alimony, custody/parenting time if children, and child support if children) before asking the judge to sign the final decree.

That agreement is typically written as a Settlement Agreement. In a true uncontested case, the judge’s job is mostly to review the paperwork and make sure it meets Georgia requirements (especially where children are involved).

The phrase “simple divorce in Georgia” isn’t an official court label, but people use it to describe an uncontested, paperwork-driven case, often with a cooperative spouse willing to sign a Settlement Agreement and (commonly) an Acknowledgement of Service.

---

2. Who Qualifies for an Uncontested Divorce in Georgia?

Residency requirements

Before you think about paperwork, you need to be sure a Georgia court can hear your case. In many situations, at least one of the following is true:

• You have been a bona fide resident of Georgia for at least 6 months before filing, or
• Your spouse has lived in Georgia (and in the filing county) for at least 6 months and you file in your spouse’s county, or
• You are in the military and may qualify under special rules tied to being stationed on a military post/reservation in Georgia.

You must file in the correct county Superior Court (called venue). Venue can be technical, so if you’re unsure, it may help to confirm the rule with your local clerk’s instructions or legal aid before filing.

Grounds for divorce and the minimum time after service

Georgia law lists multiple grounds for divorce, including fault grounds, but most uncontested cases use the no-fault ground that the marriage is irretrievably broken.

For timeline planning, Georgia generally has a minimum waiting period that runs from the date your spouse is properly served (or signs an Acknowledgement of Service). The statute is commonly described as a 30-day minimum after service, and many people plan around “31 days” in practice to avoid day-count confusion.

What makes a case a good fit for uncontested/simple divorce

A Georgia uncontested divorce is usually a good fit when you and your spouse can fully agree on:

• Division of property and debts (often written into a Settlement Agreement)
• Alimony (if any)
• Parenting arrangements and custody terms (if children)
• Child support under Georgia’s guidelines (if children)

Even if a spouse does not want to actively participate, some cases still move forward after proper service if the other spouse does not respond. But “default-style” divorces can be more sensitive, so county instructions matter.

Situations where an uncontested divorce may not work well

DIY uncontested divorce may be risky if there is domestic violence, coercion, hidden assets, complicated property, major immigration/tax/bankruptcy issues, or heavy dependence on support/insurance. In those situations, independent legal advice can help prevent costly mistakes.

---

3. Step-by-Step Overview of the Uncontested Divorce Process in Georgia

Step 1 – Make sure you actually qualify

• Residency: does at least one spouse meet Georgia’s residency rule?
• Venue: are you filing in the correct county Superior Court?
• Agreement: do you truly have a full agreement (children/support/property/debts)?

If any of these are unclear, it’s common for cases to get delayed later due to re-filing or venue corrections.

Step 2 – Finalize your Settlement Agreement (and parenting terms if needed)

Most uncontested cases depend on a signed Settlement Agreement that covers property, debts, and alimony. If you have children, you’ll typically also need parenting/custody terms and child support paperwork that matches Georgia guideline requirements.

Step 3 – Prepare your Georgia Superior Court paperwork (including “hard stop” clerk forms)

Your packet varies by county and whether you have children, but many uncontested Georgia cases revolve around these core documents (examples):

• Complaint for Divorce (the initial filing)
• Verification and other required pleadings (county-specific)
• Domestic Relations Financial Affidavit (DRFA) (Georgia’s financial disclosure form used in many divorce cases)
• Settlement Agreement (your written agreement resolving the issues)
• Acknowledgement of Service (often used in cooperative cases to avoid sheriff service fees and start the timeline)
• Proposed Final Judgment and Decree of Divorce (for the judge to sign)

Administrative “hard stops” (commonly required by clerks): many counties also require clerk tracking/cover-sheet forms to open and close the file, such as a General Civil/Domestic Relations Case Filing Information Form (case initiation) and a General Civil/Domestic Relations Case Final Disposition form (case closing). County naming and versions vary, so always use your county’s current forms.

Vital records “hard stop” (commonly required to close out the case): many counties require the Report of Divorce, Annulment or Dissolution of Marriage (Form 3907), which is used for state vital records reporting.

Why the DRFA matters: DIY cases commonly stall because the Domestic Relations Financial Affidavit (DRFA) is missing, incomplete, inconsistent with the settlement terms, or not filed the way the county requires.

Step 4 – File with the Clerk of Superior Court (paper filing or e-filing)

• File your Complaint for Divorce and required attachments with the Clerk of the Superior Court.
• Pay the filing fee (or apply for a fee waiver if you qualify).
• Keep stamped copies (or accepted e-file confirmations) of everything you file.

E-filing note (PeachCourt): Many Georgia courts use PeachCourt for civil e-filing. Attorneys are subject to statewide mandatory e-filing rules in many civil cases, and some counties provide pro se e-filing instructions as well. Local practice still matters, so confirm your county’s current filing method.

Step 5 – Watch for a Domestic Relations Standing Order (county-specific)

In many counties, filing a divorce automatically triggers a Domestic Relations Standing Order (sometimes called an Automatic Domestic Standing Order). These orders commonly set “ground rules” during the case (for example, limits on transferring assets and rules about children and travel). The details vary by county, so locate and read your county’s standing order as soon as you file.

Step 6 – Handle service (or use an Acknowledgement of Service)

Your spouse must be legally notified. In cooperative uncontested cases, the simplest path is often an Acknowledgement of Service, signed properly (often notarized per local requirements). This can avoid sheriff service fees and typically starts the waiting-period clock immediately.

If your spouse will not sign an acknowledgement, you may need sheriff service or a process server. After service, your spouse typically has 30 days to file an answer.

Step 7 – Observe the minimum time after service (commonly planned as 30–31 days)

Georgia generally requires a minimum waiting period after service before the court can grant a no-fault divorce. Many filers plan around 30 days as the legal minimum and “31 days” as the practical planning target, depending on how the days fall and how the county schedules review/hearings.

Step 8 – Finalize: hearing OR “paper divorce” using a Motion for Judgment on the Pleadings (county-specific)

Counties handle finalization differently. Some require a short uncontested hearing where you answer basic questions under oath. In many Georgia counties, an uncontested case may be eligible to finalize without a hearing by filing a Motion for Judgment on the Pleadings (with a proposed decree), asking the judge to sign based on the paperwork.

The “speed button” many DIY filers miss: In some counties, the cooperative spouse can also sign a Consent to Trial 31 Days After Service (or a similarly named consent form). This can help the court treat the case as ready promptly once the minimum waiting time has run, rather than waiting for a later trial calendar.

Final clerk processing: Many counties require administrative close-out forms (like a final disposition form) and the Form 3907 reporting form before the clerk can fully close the case and issue certified copies of the final decree.

Download Our Georgia Uncontested Divorce Self-Help Kit

---

4. Special Issues When You Have Children

Uncontested cases with children can still be “simple” compared to a full trial, but the judge will review parenting and support terms more closely. Many counties require specific parenting paperwork and child support worksheets/schedules consistent with Georgia guidelines.

Parenting plans and custody terms

Courts commonly expect a clear parenting schedule and decision-making terms. If a plan is vague or appears not to protect the children’s best interests, the judge can require changes, even in an uncontested case.

Child support and the DRFA

Georgia child support is guideline-based. Courts commonly expect proper financial disclosures (including the Domestic Relations Financial Affidavit (DRFA)) and guideline calculations to support the number you’re asking the judge to approve.

Parenting class (county-specific)

Some counties require a parenting education class (names vary). If your county requires it, proof of completion can act as a finalization gate before the judge signs your decree.

---

5. How Long Does an Uncontested Divorce Take in Georgia?

The legal “floor” for many no-fault cases is the minimum waiting period after service. That means even the fastest uncontested case cannot finalize immediately after filing.

In real life, timelines are often:

• About 1–3 months for uncontested cases without children (depending on county backlogs and paperwork completeness)
• About 2–4+ months for cases with children, DRFA corrections, county-required classes, or scheduling delays

Delays usually come from incomplete or inconsistent paperwork (especially the DRFA), service problems, missing signatures/notarizations, missing administrative cover sheets, or county-specific procedural steps (including how final hearings or judge review are scheduled).

---

6. What Does an Uncontested Divorce Cost?

Costs vary by county and situation, but the biggest mandatory cost is usually the court filing fee. In many Georgia counties, the divorce filing fee is commonly in the $215–$225 range (but local schedules can be higher or lower, and fees can change).

Other common cost categories include:

• Service fees if sheriff service is required (often avoided when a cooperative spouse signs an Acknowledgement of Service)
• Notary fees for affidavits and acknowledgements
• Certified copy fees for the Final Judgment and Decree
• Parenting class fees (county-specific, if required)
• E-filing portal fees in counties using an electronic filing provider (where applicable)

Even with these costs, a truly uncontested DIY case is usually far less expensive than a contested divorce with multiple hearings and attorney time. Always check your county clerk’s current fee schedule before filing.

---

7. FAQ (Fast Answers to Common Georgia Questions)

What is an uncontested or simple divorce in Georgia?

In plain English, it usually means both spouses agree the marriage should end and have already settled the major issues (property, debts, support, and if applicable, parenting and child support), so the judge can approve the paperwork without a trial.

How long is the waiting period in Georgia?

Georgia generally requires a minimum period after service before a no-fault divorce can be granted. Many people plan around 30 days as the legal minimum and “31 days” as a practical planning target, depending on county scheduling.

Do we have to use a sheriff or process server?

Not always. In cooperative cases, an Acknowledgement of Service is commonly used to avoid sheriff service fees and move the case forward more efficiently, as long as the county’s signing/notary requirements are met.

Can we finalize without going to court?

Some counties allow uncontested cases to finalize with paperwork only (for example, using a Motion for Judgment on the Pleadings), while other counties still require a brief hearing. Local practice and judge preferences matter, especially if children are involved.

What forms are most commonly “missing” in DIY filings?

Across many counties, missing items often include administrative cover sheets (case filing information and final disposition forms), the Domestic Relations Financial Affidavit (DRFA), and the vital records reporting form Form 3907. Counties also commonly require local standing order notices and county-specific attachments.

---

8. When a DIY Divorce Might Not Be Right for You

Be cautious about DIY divorce if there’s domestic violence, intimidation, hidden assets, complex finances, major immigration consequences, or pressure to sign a settlement you don’t fully understand. In those situations, even limited legal advice can help you avoid serious long-term problems.

---

9. Where a Self-Help Divorce Kit Fits Into the Process

If your case is truly uncontested and reasonably straightforward, a Georgia uncontested divorce kit can make the process easier, especially for staying organized around Georgia’s most common procedural hurdles: the Complaint for Divorce filing sequence, the Acknowledgement of Service, the minimum time after service, and making sure your DRFA, settlement terms, and clerk “hard stop” forms are consistent and complete.

A well-structured kit can help you:

• Understand the typical Georgia timeline from filing to final decree
• Stay organized with checklists and filing order
• Avoid common DIY mistakes that trigger clerk or judge rejections
• Prepare for either a short uncontested hearing or a paperwork-only finalization approach (where allowed)

Download Our Georgia Uncontested Divorce Self-Help Kit

PlainDivorce kits are DIY information tools. They do not replace a lawyer, do not represent you in court, and cannot guarantee outcomes. If cooperation breaks down, it may be safer to pause and consider legal help before moving forward.

---

10. Final Thoughts and Next Steps

If you can cooperate and fully agree, an uncontested Georgia divorce is often faster, cheaper, and less stressful than a contested case. The keys are getting the procedure right and using Georgia’s county-specific filing requirements correctly.

• Confirm residency and venue.
• Prepare a clear Settlement Agreement (and child-related terms if needed).
• Complete the Domestic Relations Financial Affidavit (DRFA) carefully and consistently.
• Use the simplest valid service method (often Acknowledgement of Service in friendly cases).
• Plan around the minimum time after service (often planned as 30–31 days).
• Confirm your county’s finalization practice (short hearing vs. paperwork finalization), and don’t forget clerk “hard stop” forms like Form 3907 and final disposition paperwork if your county requires them.

Finally, remember: this guide is legal information, not personal legal advice. If you have complex issues or safety concerns, consult a Georgia attorney or legal aid program before signing or filing.