Uncontested Divorce in Georgia

Georgia allows an uncontested divorce when spouses agree on every issue, but you must wait at least 30 days after your spouse is officially notified.

By , Attorney UC Berkeley School of Law
Updated by Editors of DivorceNet

You can get an uncontested divorce in Georgia if you meet the following requirements:

  • you've lived in the state for at least six months
  • you and your spouse agree that your marriage is irretrievably broken, and
  • you agree on every issue in your case, including property, debts, alimony, and provisions for your children.

An uncontested divorce in Georgia costs a minimum of $200 to $300 in filing fees and can be finalized about a month after your spouse is officially notified, without a drawn-out court battle.

Read on to find out more about the process, including the paperwork you'll need, important rules for delivering (or “serving”) documents, and what to expect at each stage.

How to Qualify for an Uncontested Divorce in Georgia

To file for an uncontested divorce in Georgia, you must meet three basic requirements: state residency, a mutually accepted reason for your divorce, and agreement on the issues in your case.

Georgia's Residency Requirement for Divorce

To get any kind of divorce in Georgia, one or both spouses must have lived in Georgia for at least six months immediately before the divorce is filed. If only the “respondent” (non-filing) spouse lives in Georgia, the divorce must be filed in the county where the respondent lives. There’s an exception for service members: If you’ve lived on a military base in Georgia for a year before filing, you can file in any adjacent county. (Ga. Code § 19-5-2.)

Agreement on the Legal Reason for Divorce

You must have a legally accepted reason (or “ground”) to get divorced in every state. Georgia allows both no-fault and fault-based grounds. When you file for an uncontested divorce, you should state in your complaint that the marriage is “irretrievably broken,” which is Georgia’s only no-fault ground. (Ga. Code § 19-5-3.)

"Irretrievably broken” means the rift between the spouses is so significant that the marriage can’t be saved. Using this ground is typically the easiest way to proceed, because a spouse on the receiving end of divorce papers is much less likely to object to it than to a fault-based ground such as adultery or cruel treatment.

Agreement on the Issues in Your Divorce

Before you file for an uncontested divorce in Georgia, you and your spouse will need to work out agreements on all the issues in your case, including:

If you’re having trouble agreeing on any of these issues, mediation might help you find solutions that work for both of you. Most mediators will prepare a document that reflects the agreements you’ve reached. You can use that document to prepare your written divorce settlement agreement.

Preparing the Uncontested Divorce Forms

The divorce complaint is the most significant of the documents you’ll need to prepare and file. This is where you tell the court how you qualify for the divorce (residency and grounds) and reference the marital settlement agreement you and your spouse have drafted. You’ll file a signed, notarized copy of your settlement agreement with the complaint. Each Georgia county superior court has forms you can use. (See the resources section at the end of this article.)

Instead of tracking down and filling out the forms yourself, you can use an online divorce service that provides you with the completed forms based on your answers to a questionnaire.

Filing Your Uncontested Divorce Paperwork

Generally, you’ll file the divorce complaint and the accompanying documents with the superior court clerk’s office in the county where your spouse lives. However, you can file in the county where you live if:

  • your spouse lives outside Georgia, or
  • within the previous six months, your spouse moved from the county where you lived as a couple, and you still live in that county.

(Ga. Const., Art. VI, § II, Par. I.)

Check with the clerk’s office about county-specific filing requirements.

Serving Your Divorce Forms

After you’ve filed, a copy of the paperwork must be “served on” (delivered to) your spouse. Georgia law requires personal service of the divorce documents, including a summons, so you’ll have to arrange to have the papers hand-delivered, usually by the local sheriff or a professional process server. (Ga. Code § 9-11-4 (2026).)

If your spouse agrees to accept service, you can avoid personal service. Have your spouse sign an Acknowledgment of Service and file it with the court. That’s common in uncontested divorces.

Your spouse has 30 days to respond. If no response is filed, the court can enter a “default,” which means the divorce can proceed without your spouse’s participation. (Ga. Code § 9-11-12 (2026).)

If your spouse is avoiding service, or if you don’t know where your spouse lives, you can ask the court for permission to serve the paperwork by “publication,” meaning by publishing a notice of the divorce in a newspaper or in another manner the court directs.

How Long Does It Take to Get an Uncontested Divorce in Georgia?

When you file on the ground that your marriage is irretrievably broken, the court can’t grant the divorce until at least 30 days after the respondent is served. (Ga. Code § 19-5-3.) Under Uniform Superior Court Rule 24.6, an uncontested hearing can be scheduled as soon as the 31st day after an acknowledgment of service is filed or after service, if both spouses consent in writing. If your spouse doesn't file an answer, the hearing generally can't happen until 46 days after service.

Most uncontested divorces are finalized within a month after the waiting period ends. The exact timing depends on the court’s schedule, and most Georgia judges require a hearing if one or both spouses aren’t represented by an attorney. Ask the court clerk what to expect.

How Much Does an Uncontested Divorce Cost in Georgia?

As a rule, an uncontested divorce is much less expensive than a traditional, contested divorce. That’s because many couples can complete the process without hiring lawyers, which leads to big savings on the typical cost of divorce.

The minimum expense is the court’s filing fee. Divorce filing fees in Georgia vary by county, but typically run about $200 to $300. You might also have additional e-filing fees. If you can’t afford the fees, you can ask the court clerk for a form to request a waiver, often called a “Pauper’s Affidavit” or an “In Forma Pauperis” request. (Ga. Code § 9-15-2.) If the court grants your request, you won’t have to pay court costs or fees for your divorce.

Beyond the filing fee, your costs will depend on whether you get a pure do-it-yourself divorce or you need some help:

  • Online services typically cost about $150 to $750 for basic form preparation, with extra charges for services like filing and tracking your paperwork.
  • If you need help reaching a settlement agreement, the cost of divorce mediation can vary widely, depending on the number and complexity of the issues. Typical costs range from about $3,000 to $8,000, with each spouse paying half.
  • If you’re splitting retirement accounts related to your employment, like a 401(k) or pension, you might need to pay to have an expert prepare the special court order known as a “qualified domestic relations order” (QDRO).
  • If possible, it’s a good idea to have a lawyer review your settlement agreement to be sure it’s fair and protects your rights. In some cases, it makes sense to have a lawyer or other expert draft the agreement, particularly if you have complicated finances. The cost will depend on the lawyer’s hourly rate and the time involved, but it should be significantly less than paying an attorney to handle every legal matter in your divorce.

You can find the Official Code of Georgia Annotated on LexisNexis. On the Georgia page, type a section number into the search bar or open Title 19: Domestic Relations and click through the menu to Chapter 5 (Divorce) or Chapter 6 (Alimony and Child Support). The fee waiver rules are in Title 9: Civil Practice, Chapter 15.

The Georgia courts provide online packets of the basic forms you’ll need, along with instructions, checklists, and videos that walk you through the process. The forms will be different depending on whether you and your spouse have minor children. Many counties have their own forms, so check the website of the superior court clerk’s office in the county where you’ll file, or call the office for more information.

The following organizations offer free or low-cost legal help to those who qualify:

Even in an uncontested case, a settlement agreement locks in decisions about property, retirement accounts, and your children that are hard to undo later, so it's worth having a family law attorney review it before you file.