If you and your spouse both feel that a divorce is necessary and generally agree on certain terms, an uncontested divorce could be the right choice. If you are able to reach an agreement, it isn’t necessary to go through traditional litigation. Instead, your attorney can draft the appropriate paperwork and divorce settlement agreement.
This can be an advantage for you and your family as you go through the divorce process, as court battles can be emotionally and financially draining. An uncontested divorce is also a good choice if you want a less time-consuming divorce.
However, divorce agreements address many different aspects of your post-divorce life. Even minor details can end up becoming major conflicts. You and your spouse agreeing that a divorce is inevitable is a positive first step, but as you hammer out every detail of your agreement, you will likely have questions that only an experienced family law attorney can answer.
Additionally, the divorce agreement you and your spouse settle on will need to be approved by a judge in court. To ensure you are protected and your case progresses at a reasonable pace, it is important to find an attorney that specializes in divorce to draft your agreement.
How to File for an Uncontested Divorce in Georgia
To obtain an uncontested divorce in Georgia, you must complete a “Complaint for Divorce.” If you have children these forms might vary, but an uncontested divorce with no children is often relatively uncomplicated and the most inexpensive type of divorce in Georgia. The forms might vary depending on the county you live in as well, but you should generally be able to access what you need through your county’s website or through your county’s Superior Court.
Once the complaint is completed, the next step is to file it with the court. In order to file, you will have to deliver it to the Superior Court Clerk in the county you live in, or where your spouse has lived for six months prior to filing.
Finally, once the complaint is filed with the clerk, it will be served to your spouse along with a summons. Although there are multiple ways to go about doing this, the simplest way is to have your spouse sign an “Acknowledgement of Service.” An Acknowledgement of Service means that your spouse is accepting receipt of the summons and complaint without the need for the documents to be served by the sheriff’s office. However, if your spouse refuses to sign the Acknowledgement, you will have to contact the sheriff’s office in the county where your spouse lives in order to have that department serve the divorce papers. After your spouse has been served, they have 30 days to respond. If no response is filed, the court can then enter a “default,” which means the case can proceed without the other spouse’s participation.