How the Process for a Georgia Uncontested Divorce Works

How the Process for a Georgia Uncontested Divorce Works

In a Georgia uncontested divorce, the spouse is not expected to disagree with any part of the divorce. This happens when the spouse doesn’t respond to the court papers served to them. In the case of an uncontested divorce, one may represent themselves, but getting the help of a lawyer would be pretty helpful, especially if your spouse has also got one.

In order to get an uncontested divorce, one is required to file documents with the court. However, generally, you and the spouse do not have to appear in court.

Moreover, an uncontested divorce is also faster and cheaper than a traditional one. One significant advantage of an uncontested divorce is that it is less expensive than a contested divorce. They are also quicker.

What Are the Requirements for a Georgia Uncontested Divorce?

First of all, to get a divorce in Georgia, you or your spouse are required to be a resident of this state, and you must provide accurate grounds i.e. legal reasons for the divorce. The state considers you to be a resident if you have lived in Georgia for six months before filing for the divorce.

Another requirement is that you should also have proper grounds for divorce. Georgia has fault and no-fault grounds. In Fault-based grounds, one spouse alleges that the other spouse did something wrong, whereas, in no-fault grounds, spouses do not point a finger of blame at either.

Some other grounds for divorce in Georgia include:

  • Adultery
  • Continued abandonment by either of the spouses for a year
  • Conviction of either of the spouse for an offense involving moral turpitude that results in the custody for a term of two years or even longer
  • Habitual intoxication
  • Physical or mental cruelty
  • Incurable mental illness
  • Habitual drug addiction
  • When the marriage is irretrievably broken

In the list given above, just the last item is considered no-fault ground. When a marriage is broken it means the rift among spouses is so massive that marriage cannot be saved.

Written Divorce Settlement Agreements and How They Work:

Once all the issues in your divorce have been resolved, you'll integrate the terms in a divorce settlement agreement. This is also referred to as a property settlement agreement or marital settlement agreement. This agreement is a bond or a written contract between you and your spouse and binds both spouses together. There is an agreement form at each Georgia county Superior Court which the spouse fills out and provides to the court to complete the divorce process of uncontested divorce.

Process of Filing a Georgia Uncontested Divorce:

The number of steps one must follow in order to obtain a Georgia uncontested divorce include:

Complete Divorce Paperwork:

You start by completing a complaint about Divorce that is sometimes referred to as a Petition. If you are the person that is filing the complaint, then you will be referred to as the Plaintiff or Petitioner, and the spouse will be called the Defendant or Respondent.

File Your Paperwork and Also Pay Filing Fees:

Once completing the complaint, you will be required to file it with the court. This is done by delivering it to the Superior Court Clerk of the county you are living in.

Serve Your Spouse:

After you have filed the complaint with the clerk, it has to be served on or delivered to your spouse, with a summon. There are various ways of doing so. The faster way around it is to have your spouse agree to an Acknowledgment of Service. This means that the spouse acknowledges the request to be called in.

You are free to contact the sheriff's office of the county where your spouse resides if your spouse is unwilling for the acknowledgment form.

File for Judgment on the Pleadings:

If you are unwilling to attend the hearing, you can file a form which is called the “Motion for Judgment on the Pleadings”. It would mean that you would tell the court that you're fine with the judge making a decision granting the divorce based on the submitted documents without your presence. Then it will be up to the court to decide to grant your request.

Contact Us for Your Uncontested Divorce in Georgia:

In order to get more assistance in negotiating the division of property, debt as well as reducing your agreement into a well-drafted Georgia uncontested divorce settlement agreement, get in touch with us. We will be pleased to serve you and help you out.

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