Table of Contents
3 Types of Divorce in Georgia
Every individual person is unique, and so is every divorce. Depending on your circumstances, your divorce will fall under one of three types – contested divorce, collaborative divorce, or uncontested divorce.
What makes a divorce contested, collaborative, or uncontested in Georgia?
What is an Uncontested Divorce in Georgia?
During an uncontested divorce in Georgia, a couple agrees on all terms of their divorce. This includes factors like custody, child support, visitation, alimony, and distribution of marital property. An uncontested divorce can take between 30 and 60 days to get to court.
What is a Contested Divorce in Georgia?
During a contested divorce in Georgia, a couple does not agree to all terms of their divorce and traditional litigation may be necessary. A contested divorce often involves pleadings, discovery, motions, a temporary hearing, mediation, and possibly a trial. This type of divorce generally takes 30 days to have an answer filed, then six months of discovery, followed by additional time waiting for a trial date. Contested divorces can take up to several years to finalize.
What is a Collaborative Divorce in Georgia?
During a collaborative divorce in Georgia, a couple agrees to resolve their differences outside of court. This type of divorce often takes less time and money, and can include other professionals, such as child custody specialists, financial planners, and divorce coaches. Having neutral third parties involved in your collaborative divorce will prevent any kind of bias and can help you settle your case without involving the court.
How the Divorce Process Works in Georgia
How does an uncontested divorce work in Georgia?
Divorce begins by one spouse filing what is called a “complaint of divorce,” with the appropriate court. This document goes over general facts about the process, including the reason for divorce and names of the spouses. After the complaint has been filed, it will be served to the other spouse (sometimes referred to as the respondent). The respondent will have up to 30 days to respond to the complaint, including any counterclaims they wish to file.
At least 31 days must pass between a complaint of divorce filing and the Final Decree of Divorce. Georgia’s 31-day waiting period is relatively short compared to the waiting times of other states. However, no matter how motivated you are to finalize your divorce, it is rare for the entire process to only take 31 days.
A judge will need to sign off on your settlement regardless of any agreement you and your spouse decide on. For an uncontested divorce in Georgia, a practical timetable is around 60 days for couples who have come to terms on everything before filing a complaint of divorce.
How does a contested divorce work in Georgia?
When a couple cannot come to an agreement on any one aspect of their divorce agreement, even after mediation or collaborative divorce is attempted, the divorce is classified as contested. Contested divorces in Georgia take longer than an uncontested divorce, and most counties in Georgia require divorcing couples to first entire mediation before a final court hearing.
One major reason contested divorces take longer is due to the discovery phase. The discovery phase is the process by which both spouses, represented by their respective attorneys, seek to formally uncover information that will help their case. This often means asking for financial documents, interviewing friends and family, and logging marital
property that will be subject to division by the judge. The discovery phase typically lasts around six months but can be extended upon attorneys’ request.
How much does a divorce cost in Georgia?
One of the biggest concerns when considering divorce is the cost. The time needed to complete a divorce varies depending on the case, which is why costs can be difficult to estimate.
For a quality attorney who will help ensure your needs and wishes are secured in the divorce agreement, costs can surpass $20,000 in a contested case. (That may sound like a lot, but the potential costs of not receiving an equitable decree resulting from an incompetent attorney can be far greater.)
On top of court and attorney fees, there is a fee to file for divorce, which is usually around $250, although this varies from county to county.
Settling the terms of your divorce through mediation is less expensive.
How to File for Divorce in Georgia: Step-by-Step Guide
Starting a divorce in Georgia involves clear procedural steps—from choosing your attorney and identifying the type of divorce to filing, discovery, custody, and final court orders. This step-by-step guide outlines the entire process, timelines, and key decisions that can affect your outcome. If you’re in or near Marietta, Brown Dutton & Crider can help you navigate each stage with confidence.
- Types of Divorce (Contested vs. Uncontested): Uncontested means both parties agree on all major terms; contested means there are disagreements that may require litigation or mediation.
- Grounds for Divorce (13 in Georgia): Intermarriage within prohibited degrees, mental incapacity, impotency, force/duress/fraud, adultery, desertion, conviction, intoxication, cruel treatment, mental illness, drug addiction, irretrievably broken marriage.
- Where to File & Service Requirements: File with Clerk of Superior Court; service by process server; 30 days to respond.
- Discovery: Exchange of income, assets, debts, expenses; uncover hidden assets.
- Custody Proceedings: Parenting plans ensure health and safety; judge finalizes.
- Trial: Most cases settle; trial requires preparation and representation.
- Finalization & Timelines: Uncontested ~90 days; contested ~1 year or more.
- Why Hire a Family Law Attorney: Avoid costly mistakes; manage filings and negotiations.
Choosing the Right Georgia Divorce Lawyer (Questions to Ask & What to Expect)
Your attorney is your advocate, strategist, and guide through Georgia’s divorce process. Learn how to research, evaluate, and select the right fit—and which questions will reveal a lawyer’s expertise, communication style, and compatibility with your needs. Brown Dutton & Crider’s experienced team in Marietta brings skill, empathy, and tailored solutions.
- How many Georgia divorce cases have you handled?
- How will you keep me informed?
- What’s your approach to negotiation vs. litigation?
- Who will work on my case day-to-day?
- What are your rates and added costs?
- What outcomes are realistic in my situation?
- Are you available via phone/email for urgent issues?
- Do you specialize in family law?
Divorce Mediation in Georgia: Process, Benefits, and When It Works
Mediation offers a private, collaborative path to agreement on custody, support, and property division—often faster and more cost-effective than court. Learn the structured steps, the benefits of control and confidentiality, and when mediation is not appropriate (e.g., abuse or trust issues). Brown Dutton & Crider’s mediators help couples find common ground safely and respectfully.
- Mediator Selection: Parties or court select a neutral mediator.
- Initial Session: Ground rules and priorities explained.
- Open Dialogue: Concerns and interests discussed respectfully.
- Negotiation: Problem-solving around custody, assets, debts, and support.
- Agreement Drafting: Terms formalized into a legal document.
- Court Submission: Agreement submitted to finalize divorce.
Financial Implications of Divorce in Georgia: Assets, Debt, Support, and Taxes
Divorce reshapes your financial life—from equitable distribution of assets and debts to alimony, child support, and tax planning. This section highlights the categories that most affect your post-divorce stability and how Georgia courts approach “fair” (not always equal) outcomes. With the right legal and financial guidance, you can protect your future.
- Financial Assets: Equitable distribution of accounts and investments.
- Real Property & Vehicles: Marital vs. non-marital property distinctions.
- Debt: Division based on income and liabilities.
- Alimony: Factors include marriage duration and financial need.
- Child Support: Based on income and custody arrangements.
- Taxes: Filing status and asset transfers impact tax obligations.
Who Keeps the House in a Georgia Divorce? Equitable Distribution Explained
Home ownership is often the most emotional and financially significant issue in divorce. Georgia follows equitable distribution—aiming for fair outcomes based on your marriage’s unique facts, not automatic 50/50 splits. Understanding marital vs. premarital property and key court factors can help you plan and negotiate effectively.
- Marital vs. Premarital Property: Homes acquired during marriage are marital.
- Duration of Marriage: Longer marriages strengthen equitable claims.
- Contributions: Financial and non-financial contributions matter.
- Financial Standing: Courts evaluate resources for fairness.
- Custody Agreements: Housing stability for children considered.
- Assets & Debt: Mortgages and liabilities influence decisions.
Who Is Responsible for Debt After a Divorce in Georgia?
Georgia divides marital debts using equitable distribution, and not all debts are treated the same. Knowing the difference between marital and separate debt—and how courts view student loans, credit cards, mortgages, car loans, and business obligations—can help you protect your financial future. Prenuptial agreements can also shape how debts are allocated.
- Equitable Distribution: Fair division doesn’t always mean equal.
- Marital vs. Separate Debt: Household vs. individual obligations.
- Student Loans: Pre-marriage loans usually separate.
- Credit Cards: Typically marital if incurred during marriage.
- Mortgages & Car Loans: Often marital if tied to marital property.
- Business Debts: Allocation depends on involvement and agreements.
- Prenups Matter: Can set debt allocation rules.
Your Georgia Divorce Checklist for 2026: What to Prepare Now
Preparation reduces stress and improves outcomes. Use this Georgia-specific checklist to get organized, assemble documents, plan finances, and prioritize your children’s well-being. Brown Dutton & Crider’s team can help you set goals and move through each step confidently.
☑️ Research the Process & Options: Mediation vs. litigation vs. collaborative.
☑️ Hire an Experienced Family Law Attorney: Secure counsel early.
☑️ Organize a Divorce Calendar: Track deadlines and meetings.
☑️ Gather Key Documents: Tax returns, wills, prenups, statements.
☑️ Assess Finances & Build a Budget: Understand assets and set aside funds.
☑️ Prioritize Children’s Interests: Custody and stability.
☑️ Mind Your Digital Footprint: Avoid venting on social media.
☑️ Practice Self-Care: Journal, exercise, meditate.
Navigating Divorce During the Holidays: Communication, Self-Care & New Traditions
Holidays can intensify emotions during divorce. With proactive communication, flexible planning, and steady self-care, you can protect your children’s routines and find new sources of joy. Consider building new traditions that honor your changing family dynamics.
- Plan Early & Communicate: Coordinate schedules per parenting plan.
- Be Flexible: Adjust plans to reduce stress.
- Lean on Support Networks: Friends, family, and groups.
- Prioritize Self-Care: Exercise, meditation, hobbies.
- Create New Traditions: Build positive memories.
How Gratitude Can Support Your Divorce Journey (and Co-Parenting)
Gratitude isn’t about ignoring pain; it’s about reframing your perspective to recognize growth, resilience, and small wins. Practicing gratitude can reduce anxiety and depression, improve sleep, and make co-parenting more constructive. Even small daily actions can create meaningful shifts.
- Perspective Shift: Focus on what you have and where you’re going.
- Emotional Healing: Linked to better mental health and stress relief.
- Resilience Builder: Gratitude nurtures adaptability.
- Better Co-Parenting: Encourages empathy and collaboration.
- Aids Closure: Helps acknowledge the past and move forward.
- Simple Practices: Journal, listen actively, walk, appreciate others.
Remote Work & Family Dynamics: What It Can Mean During Divorce
Remote work can strengthen relationships through flexibility and time together, but it can also blur boundaries and increase stress or isolation. During divorce, understanding these dynamics helps you plan healthier routines and reduce conflict at home. If safety is a concern, seek help immediately.
- Positive Effects: Better quality time, flexible schedules.
- Negative Effects: Blurred boundaries, isolation, stress.
- Work–Life Balance: Set boundaries, create workspace, communicate.
- Safety Note: Call 800-799-7233 if experiencing domestic abuse.
Frequently Asked Questions About Divorce in Georgia
How do I file for divorce in Georgia?
Submit a complaint to the Clerk of the Superior Court in your county, serve your spouse, and complete steps like discovery and custody arrangements. Uncontested divorces take ~90 days; contested cases may take a year or more.
What are the grounds for divorce in Georgia?
Georgia recognizes 13 grounds, including adultery, desertion, cruel treatment, and irretrievably broken marriage.
How is property divided in a Georgia divorce?
Georgia uses equitable distribution, dividing property fairly based on factors like marriage length and contributions.
Who gets the house in a Georgia divorce?
Courts consider marital vs. premarital property, contributions, finances, and custody needs.
How is debt divided in a Georgia divorce?
Marital debt is divided fairly; separate debt usually stays with the spouse who incurred it.
What are the financial implications of divorce in Georgia?
Divorce affects assets, debts, taxes, alimony, and child support.
Is divorce mediation required in Georgia?
Mediation is often encouraged and sometimes required before trial.
How long does a divorce take in Georgia?
Uncontested divorces take ~90 days; contested cases can take a year or more.
How can I make divorce easier during the holidays?
Plan ahead, communicate, stay flexible, and create new traditions.
Do I need a lawyer for divorce in Georgia?
Hiring an experienced family law attorney is highly recommended to protect your rights.