Uncontested Divorce in Georgia

Divorce is a highly sensitive issue. It has a long term impact on life. It is really worthwhile if the divorcing couple agrees with each other on all major issues and initiates the procedure of an uncontested divorce.

In the state of Georgia, the individual filing for divorce is referred as the Petitioner. The spouse who provides a response to the divorce action is known as the Respondent. The venue for filing the divorce action is the Superior Court in the various counties in the state.

The residency requirements of this state are such that the divorcing partner who files for the action must be residing in the state for minimum 6 months and must file in the county where he or she resides. A divorcing partner, who is not a resident of the state, may file against a partner who has been residing in the state for 6 months. However, such a filing must take place in the county wherein the Respondent resides.

A divorce case is said to be uncontested when 1 of the following 2 conditions arise.

• The divorcing couple reaches an agreement on each issue like alimony, child support, visitation, child custody, liability and asset distribution.
• The Respondent does not respond and defaults.

Grounds for Uncontested Divorce in Georgia

Fault grounds

• Incest.
• Wife becomes pregnant due to a man other than her husband at the time of marriage and this fact is not known to the husband.
• Dearth of mental capacity in the spouse, inclusive of temporary incapacity due to drugs or alcohol.
• If the consent to marriage is obtained by force, duress or fraud.
• Habitual intemperance (drunkenness).
• Inhuman and cruel treatment due to which the life of the suffering partner is brought in danger.
• Willful desertion.
• Separation due to mental illness.
• Confinement for incurable insanity.
• Drug addiction and / or alcoholism.
• Imprisonment and conviction for a period in excess of 2 years due to a crime involving moral turpitude.
• Adultery.
• Impotence.

No-fault grounds

• Irretrievable breakdown of the marriage.

Forms related to Uncontested Divorce in Georgia

Along with the Petition, the Petitioner is supposed to file the below mentioned forms.

• Acknowledgment of Service and Consent to Jurisdiction or Sheriff’s Entry of Service.
• Report of Divorce, Annulment or Dissolution of Marriage: This is a state form that reports the particulars of marriage and is used for statistical reasons.
• A Domestic Relations Case Filing Information Form: This document is used for identification of the parties and the type of court case, inclusive of modification and contempt proceedings.
• A Disclosure Statement: This is a type of cover sheet that identifies the parties and indicates the type of court action – divorce or annulment.

When the divorce papers are served, the final hearing is scheduled. At this hearing, the following forms are prepared.

• Agreement: This document is developed after negotiations and describes the terms and conditions of distribution of marital property, support, visitation and custody.
• Domestic Relations Case Final Disposition Form: This document indicates the outcome of the action. It is identical to the Domestic Relations Case Filing Information Form.
• A Final Judgment and Decree: This document terminates the marriage and is a court order.

In case the divorcing couple has minor children, then, an Affidavit Regarding Custody must be filed by them.

Divorce Papers