Uncontested vs Contested Divorce in Georgia

Navigating Georgia's divorce process means making an early critical choice: uncontested or contested divorce. This decision shapes everything—your timeline, costs, stress level, and control over the outcome. Understanding the fundamental differences between these two paths empowers you to choose wisely and protect your interests during this challenging life transition. Learning about online versus traditional divorce options can further inform your decision-making process.

An uncontested divorce in Georgia offers speed and affordability when spouses agree on all major terms. A contested divorce provides necessary legal structure when disagreements require court intervention. From Georgia's 30-day waiting period to Superior Court procedures, this guide compares requirements, costs, timelines, and paperwork differences to help you determine the right track for your case.

What Is an Uncontested Divorce in Georgia?

An uncontested divorce in Georgia occurs when both spouses reach full agreement on all divorce terms before finalizing the case. This includes agreement on property division, debt allocation, spousal support (alimony), child custody arrangements, parenting time schedules, and child support amounts.

Georgia law recognizes "irretrievably broken" as the no-fault ground for divorce under OCGA § 19-5-3(13). When both parties agree the marriage cannot be saved and settle all issues amicably, you can proceed with an uncontested divorce filed in Georgia's Superior Court.

The process requires filing a Complaint for Divorce (with or without minor children), serving your spouse, and waiting through Georgia's mandatory 30-day cooling-off period. Under the Uniform Superior Court Rules (USCR 24.6), the earliest possible hearing dates are:

• Day 31: With both parties' written consent or acknowledgment of service
• Day 46: For default cases where spouse doesn't answer
• Day 61: When service is by publication

Most uncontested Georgia divorces finalize within 45-90 days from filing, though county court calendars affect actual scheduling. You'll work with statewide pro se forms published by Georgia Courts, making the process accessible even without attorney representation.

What Is a Contested Divorce in Georgia?

A contested divorce in Georgia arises when spouses cannot agree on one or more significant issues requiring court resolution. Common points of contention include:

• Child custody and parenting plan details
• Child support amounts and calculation disputes
• Division of marital property and retirement accounts
• Spousal support (alimony) eligibility, amount, and duration
• Business valuations or complex asset classification

Under USCR 24.7, Georgia courts cannot enter a final divorce decree until all contestable issues are resolved—either through settlement, mediation, or trial. This protects both parties' rights but extends the process considerably.

Contested divorces typically involve temporary hearings (for interim custody and support orders), formal discovery processes (exchanging financial documents, interrogatories, depositions), court-ordered or voluntary mediation, and potentially a full trial. Georgia allows jury trials for property division and alimony disputes, though judges alone decide custody matters based on the child's best interests.

The timeline for contested Georgia divorces typically spans 6-18 months from filing to final decree, depending on case complexity, discovery needs, mediation attempts, and court docket congestion. Many Georgia counties require parenting seminars for cases involving minor children, and mediation is commonly mandated before trial under local ADR programs.

Uncontested vs Contested Divorce in Georgia: Key Differences

Timeline Comparison

Georgia's 30-day mandatory waiting period applies to all no-fault divorces from the date of service or acknowledgment. This cooling-off period cannot be waived.

Uncontested divorces move quickly after this period. With written consent from both parties, the court can grant your divorce as early as day 31. In practice, most uncontested Georgia divorces finalize within 45-90 days total, depending on how quickly you can get on the court's uncontested calendar in your county. Some cooperative couples complete the entire process in 6-8 weeks.

Contested divorces take significantly longer. Typical timelines are 6-18 months, with complex high-asset or custody disputes sometimes extending to 2 years. The process includes:

• Weeks 1-2: Filing and service, temporary hearing scheduled
• Month 1-2: Temporary orders issued for custody and support
• Months 3-8: Discovery, document exchange, depositions, mediation
• Months 9-15: Pretrial conferences and trial preparation
• Months 12-18: Trial and final decree (if settlement fails)

Cost Comparison

Filing fees in Georgia vary by county but typically range from $200-$300:

• Fulton County: $223
• Gwinnett County: $220
• Cobb County: $218
• Chatham County: $218

Sheriff's service typically costs $50 in-county; publication service (if needed) ranges from $120-$150 plus affidavit fees.

For an uncontested divorce, if you and your spouse work cooperatively and your situation is straightforward, total costs may be as low as $300-$500 (filing fees plus minimal service costs). With attorney assistance:

• Metro Atlanta: $800-$1,800 (depending on whether you have children)
• Southeast Georgia: $500-$1,400 (typically lower cost of living)
• Full-service flat fee arrangements: $1,500-$5,000 depending on complexity

Contested divorces are substantially more expensive:

• Attorney hourly rates (varies by market and experience level)
• Court-ordered mediation fees ($150-$250/hour, typically 3-6 hours, split between parties)
• Guardian ad litem fees (if custody is disputed)
• Custody evaluations and expert witness fees
• Discovery costs (depositions, court reporters, document production)
• Forensic accountants or business valuators for complex assets

Total costs for contested divorces commonly range from $10,000-$30,000 per spouse, with high-conflict or high-asset cases potentially exceeding $50,000 each. Georgia courts can award temporary attorney's fees under OCGA § 19-6-2 to level the playing field when one spouse has significantly greater financial resources.

Paperwork and Process

Both tracks start with the same basic documents filed in Superior Court:

• Complaint for Divorce (with or without minor children)
• Summons
• Verification
• Domestic Relations Case Filing Information Form
• Domestic Relations Financial Affidavit (DRFA)

Uncontested divorce additional paperwork:

• Settlement Agreement covering all issues
• Acknowledgment of Service (if spouse cooperates)
• Permanent Parenting Plan (if children involved)
• Child Support Worksheet and Schedules
• Final Judgment and Decree of Divorce

Contested divorce additional paperwork:

• Answer and Counterclaim (filed by respondent)
• Discovery requests and responses (interrogatories, document requests, admissions)
• Temporary order motions and supporting affidavits
• Mediation statements
• Pretrial briefs and witness lists
• Trial exhibits and proposed findings of fact

Court Appearances

Uncontested divorces typically require one brief court appearance—a final hearing lasting 15-30 minutes where the judge reviews your settlement agreement, ensures you both understand and consent to the terms, and verifies that custody arrangements (if applicable) serve the child's best interests.

Contested divorces involve multiple court appearances:

• Temporary hearing (for interim custody, support, and use of property)
• Status conferences and case management hearings
• Mediation sessions (often required before trial)
• Pretrial conferences to narrow issues
• Final trial (potentially lasting multiple days)

Georgia's virtual proceeding rules (USCR 9.1-9.2) allow many hearings to occur remotely via video, though final trials often require in-person attendance.

Requirements for Uncontested and Contested Divorce in Georgia

Shared Requirements (Both Tracks)

Whether pursuing uncontested or contested divorce, Georgia law requires:

• 6-month Georgia residency: At least one spouse must be a bona fide Georgia resident for six months before filing
• Proper venue: File in the Superior Court of the county where the respondent (defendant) lives, with exceptions for special circumstances
• Legal grounds: State a recognized ground for divorce (most commonly "irretrievably broken" for no-fault cases)
• 30-day waiting period: For no-fault divorces, the court cannot grant the divorce until at least 30 days after service or acknowledgment

Uncontested-Specific Requirements

For smooth uncontested proceedings:

• Both parties must genuinely agree on all material terms without coercion
• Complete written settlement agreement addressing property, debts, support, custody, and parenting time
• Accurate and complete financial disclosure in DRFAs
• Permanent parenting plan required if minor children are involved
• Child support calculations using Georgia's official calculator and worksheets

Contested-Specific Requirements

When the case becomes contested:

• Answer deadline: Respondent has 30 days from service to file an Answer or Counterclaim
• Financial affidavits: Must be served at least 5 days before temporary or final hearings involving financial issues
• Parenting seminar: Many Georgia counties require completion of court-approved parenting programs when minor children are involved
• Mediation: Often mandated by local court rules before trial
• Discovery compliance: Timely responses to interrogatories, document requests, and other discovery
• Parenting plan: Required in all permanent custody orders, addressing schedules, decision-making, and dispute resolution

Which Track Is Right for Your Georgia Divorce?

Choose Uncontested If:

• You and your spouse communicate effectively and can negotiate in good faith
• You've reached or can reach agreement on all major issues (property, custody, support)
• You want the fastest resolution—potentially finalizing in 45-90 days
• You want to minimize legal costs and emotional stress
• Your marital estate is relatively straightforward without complex business interests
• You both prioritize cooperation and preserving a working relationship (especially important for co-parenting)

Choose Contested (or Prepare For It) If:

• Significant disagreements exist on custody, parenting time, or child support
• Complex assets require professional valuation (businesses, professional practices, stock options)
• You suspect your spouse is hiding assets or income
• Domestic violence or power imbalances make fair negotiation impossible
• Your spouse refuses to engage in good-faith settlement discussions
• You need court oversight to ensure fair outcomes given your specific circumstances

Important note: Many Georgia divorces that start contested ultimately settle through negotiation or court-ordered mediation before trial. Georgia's Superior Courts actively encourage settlement, and experienced family law attorneys guide clients toward negotiated resolutions that avoid trial expense and uncertainty.

Calculate Your Georgia Divorce Costs

Use our free calculator below to estimate your total divorce costs based on your specific situation. The calculator is pre-configured for Georgia filing fees and typical cost ranges across different counties.

Frequently Asked Questions

Q: Can an uncontested divorce become contested in Georgia?
A: Yes. A divorce starts uncontested when filed but becomes contested if your spouse files an Answer within 30 days that disputes any terms, or files a Counterclaim raising different issues. Conversely, many cases that start contested ultimately settle through mediation or negotiation, shifting back to uncontested status for the final decree.

Q: Do I need a lawyer for an uncontested divorce in Georgia?
A: Legally, no. Georgia provides comprehensive pro se forms through GeorgiaCourts.gov that allow you to file without an attorney. However, consulting an attorney ensures you don't overlook important rights, especially regarding retirement account division, tax implications, and long-term support obligations. Many Georgia attorneys offer limited-scope representation or flat-fee uncontested divorce packages ($800-$1,800 in Metro Atlanta).

Q: What happens if we can't agree during a contested Georgia divorce?
A: If mediation and settlement negotiations fail, your case proceeds to trial. A judge (or jury for certain issues like property division and alimony) will hear evidence and testimony, then issue a binding Final Judgment and Decree resolving all disputed matters. Unlike settlement, you have no control over the outcome at trial—the court makes final decisions based on Georgia law and the evidence presented.

Q: How much does a contested divorce cost in Georgia?
A: Costs vary significantly by county, case complexity, and attorney experience. Filing fees range from $200-$300. Total costs including attorney fees, mediation ($150-$250/hour split), potential expert fees (custody evaluators, forensic accountants, business valuators), and discovery expenses typically range from $10,000-$30,000 per spouse. Complex high-asset divorces can exceed $50,000 per party. Georgia courts may award temporary attorney's fees to the spouse with fewer financial resources.

Conclusion

Understanding the distinction between uncontested and contested divorce in Georgia empowers you to make strategic decisions about your case approach, budget realistically for the path ahead, and set appropriate expectations for timeline and process. While uncontested divorce offers clear advantages in speed, cost, and control when genuine agreement exists, contested divorce provides essential legal protections and court oversight when disagreements require formal resolution. Exploring proven strategies to minimize divorce costs can help you afford either path.

Most importantly, remember that Georgia's divorce tracks aren't rigidly exclusive. Many cases that begin as contested shift to uncontested status through mediation, attorney-guided negotiation, or simply the passage of time allowing emotions to cool and practical thinking to prevail. Georgia's Superior Courts, mandatory mediation programs, and experienced family law practitioners all encourage settlement whenever possible.

Ready to estimate your costs? Use our Georgia Divorce Cost Calculator for a personalized breakdown. For step-by-step guidance on starting your Georgia divorce, explore our comprehensive Divorce Process Guide.

Knowledge is power during divorce—the more you understand about Georgia's requirements, timelines, and your options, the better equipped you'll be to protect your interests and move forward with confidence.