The thought of ending a marriage is stressful enough for many couples, without adding the anxiety of standing in a courtroom in front of a judge. Fortunately, to end your marriage in Georgia, an in-person trial is not always required. If you and your spouse can agree on all key terms, you might be able to complete your divorce entirely out-of-court. Although, some court involvement with the help of a legal professional could still be required to finalize the divorce.
Requirements and benefits of uncontested divorce
To get an out-of-court divorce, the split should be uncontested. This means both spouses completely agree on all major factors, including property division, debt, alimony, parenting plan and child support. If you are pursuing an uncontested divorce in Georgia, these are some of the key parameters you should keep in mind:
- No court appearance needed: In most uncontested cases, an attorney handles the filings without either spouse appearing in court.
- Residency requirement: At least one spouse must be a resident of Georgia for a minimum of six months before filing.
- Mandatory waiting period: The state law requires a minimum 30-day waiting period after your spouse is served or acknowledges the filing, meaning the earliest a judge can finalize the divorce is 31 days after service.
- Lower cost: An uncontested divorce is cheaper than litigation, generally costing between $500 and $3,000.
While skipping the courtroom is common, the judge might still order a brief hearing for self-represented individuals to ensure financial affidavits and child support calculations are accurate. Certain counties require formal appearances for cases involving minor children to verify that the proposed parenting plan serves the child’s best interests.
Moving toward a smooth divorce
Getting divorced without a contested court hearing can save time, money and emotional stress. However, ensuring your legal documents are properly drafted and filed in accordance with Georgia’s law and court rules is critical. An experienced Georgia family law attorney could help ensure your agreements are legally sound to obtain a smooth divorce.