An uncontested divorce in Georgia may be a way to get a quick divorce in Ga. An uncontested divorce may be cheaper than a contested divorce as well.
What is an uncontested divorce in Ga?
An uncontested divorce in Georgia is where all contestable issues (e.g., child custody, child support, alimony, equitable division of marital property, etc.) are resolved by agreement of the parties. On the other hand, a contested divorce is where there is at least one contestable issue that has not been resolved by the parties.
In an uncontested divorce in Georgia, a written settlement agreement containing the necessary details would be drafted. If the purported settlement agreement does not contain an agreement to a material term, the purported settlement agreement may be challenged.
For example, where a purported agreement states the husband would transfer to the wife real property of a specified value and that the method of appraising the property would be agreed upon by the attorneys in the future, it was held that this purported agreement is not enforceable because the method of appraisal is a material term that was not agreed upon. Moss v. Moss, 265 Ga. 802 (1995).
Also, when a defendant in a divorce action fails to file defensive pleadings, the divorce is, by definition, uncontested. Lucas v. Lucas, 273 Ga. 240 (2000). Further, the failure of a party to file pleadings in an action shall be deemed to be a waiver by him of all notices, including notices of time and place of trial, and all service in the action, except service of pleadings asserting new or additional claims for relief.
A divorce action may begin as contested, but may become uncontested down the road after the parties reach an agreement on all contestable issues.
How long does it take to get an uncontested divorce in Ga?
Under Georgia divorce law, you could get an uncontested divorce in Ga any time 31 days after service or filing of acknowledgment of service.
In a divorce action where no answer is filed, a divorce may be granted any time 46 days after service, unless the time for response has been extended by court order. Rule 24.6.
How much does an uncontested divorce in Georgia cost?
There will be a court filing fee of around $214 (the exact filing fee will depend on the county). If the divorce starts off as contested (and then later becomes uncontested), there may be a fee for serving the divorce papers on the other spouse at the beginning of the divorce case. If you hire a Georgia divorce attorney, there would be attorney’s fees as well. So, there is no such thing as a free divorce.
Contact a Georgia divorce attorney to chat.