Summary
To file an uncontested divorce in Georgia, you and your spouse must fully agree on all issues the court must resolve: (1) division of assets and debts, (2) alimony, (3) custody for minor children, and (4) child support. If even one issue remains unresolved — even something small, like a holiday exchange time — the case is not legally considered uncontested. Full agreement is what allows Georgia couples to finalize their divorce quickly, affordably, and without court appearances.
Key Takeaways
- Georgia requires total agreement on every applicable issue for an uncontested divorce.
- The four required topics are: assets/debts, alimony, custody, and child support.
- Any disagreement, even a minor one, makes the case contested under Georgia law.
- Clear written terms help the court finalize your divorce without hearings.
- Atlanta-area courts (Fulton, DeKalb, Cobb, Gwinnett) all follow these statewide requirements.
What Are the Four Requirements for an Uncontested Divorce in Georgia?
Georgia law requires couples to resolve four core issues before filing an uncontested divorce. These are the same four pillars discussed in the Georgia Guide to Uncontested Divorce and form the legal foundation for every Georgia divorce.
1. Agreement on Division of Assets and Debts
Georgia is an equitable distribution state, which means property is divided fairly — not necessarily equally. In an uncontested divorce, you and your spouse decide what “fair” looks like, and the judge will typically approve it as long as it’s voluntary and reasonable.
You must agree on all of the following:
- Bank accounts and cash
- Retirement accounts (401(k), IRA, pensions)
- Real estate, including the marital home
- Vehicles
- Personal property
- Credit card debt, loans, and mortgages
Key local note:
Courts in Fulton, DeKalb, and Gwinnett commonly request clarity on who keeps the home and whether a refinance will occur if only one spouse remains on the mortgage.
2. Agreement on Alimony
Alimony in Georgia is based on need and ability to pay. There is no formula. You must agree on:
- Whether alimony will be paid
- The amount
- How long it lasts
- How it ends (e.g., remarriage, cohabitation)
Even a mutual decision to waive alimony must be clearly stated.
3. Agreement on Custody (If You Have Minor Children)
Custody includes:
- Legal custody: who makes major decisions (education, medical, extracurriculars, religion)
- Physical custody: where the children live and when
Georgia parenting plans must also include:
- Weekday/weekend schedules
- Holiday and school break schedules
- Transportation and exchange logistics
- Communication expectations
- Final decision-making authority
If just one holiday or exchange time is unresolved, the divorce cannot proceed uncontested.
4. Agreement on Child Support
Child support documents are mandatory and calculated using Georgia’s Child Support Worksheet, which factors in:
- Both parents’ incomes
- Health insurance premiums for the children
- Work-related childcare costs
- Parenting time (factored formally beginning 2026)
Parents should also agree on how to divide:
- Uninsured medical expenses
- Extracurricular activities
- School expenses
The worksheet and a Child Support Addendum are required in every Georgia case with children.
What Happens If You Don’t Agree on All Four Issues?
Even one unresolved issue means the divorce is legally “contested,” and the court cannot grant an uncontested divorce. However, starting with the uncontested process often helps couples resolve most issues and reduces later litigation costs, as described in the firm’s guide.
Local Signals (Georgia + Atlanta Courts)
- All Georgia superior courts — including Fulton, DeKalb, Cobb, Gwinnett, and Clayton — require full settlement agreements before granting an uncontested divorce.
- Filing timelines vary slightly by county, but all courts follow the mandatory 31-day waiting period after filing.
- Many metro-Atlanta judges finalize uncontested divorces without requiring a hearing when documents are complete and properly drafted.
FAQ
1. Can we still file uncontested if we disagree on something small?
No. Any unresolved issue, no matter how small, prevents an uncontested filing in Georgia.
2. Do we have to use exact 50/50 division?
No. Georgia requires equitable — not equal — division. You and your spouse choose the terms as long as both agree.
3. Can child support be waived?
No. Child support is mandatory under Georgia law, but parents may agree on certain expenses outside the base support amount.
4. Do we both need lawyers?
No. One spouse can hire an attorney to prepare the uncontested paperwork, and the other can review independently if desired.
5. Will we have to go to court?
Most Georgia uncontested divorces are finalized without a hearing as long as all documents are correctly drafted and signed.
The Bottom Line
If you and your spouse can reach full agreement on these four issues, you may qualify for a fast, affordable uncontested divorce. Our firm specializes exclusively in this process and guides you step-by-step so nothing gets overlooked.
Schedule your consultation to get clear on your options and next steps.
About the Author
Written by Aaron Thomas, a Georgia family law attorney and founder of Aaron Thomas Law, where he focuses exclusively on uncontested divorces. Aaron has handled hundreds of uncontested divorces across Georgia, helping couples navigate the process with clarity, predictability, and minimal stress. His work has been featured in national media outlets, and he regularly speaks on modern family law practices, transparency in relationships, and accessible legal services.
