Can You Have an Uncontested Divorce and Still Share Custody?
Yes. Sharing custody does not mean your divorce has to be contested. This is one of the biggest misconceptions parents have, that having children together, or wanting to share custody, automatically means a courtroom fight. It does not. If you and your co-parent agree on the arrangement, you can share custody and still file a straightforward, flat-fee uncontested divorce in Georgia.
This post explains what “uncontested” actually requires when children are involved, and how parents who share custody get to a plan the court will approve.
What “uncontested” really means
An uncontested divorce is not a divorce with no children and nothing to decide. It is a divorce where you and your spouse agree on the terms. That is the only thing that separates uncontested from contested. Not whether you have kids. Not whether you share custody. Whether you agree.
So two parents who both want to stay heavily involved, split time close to evenly, and share decision-making can absolutely have an uncontested divorce. In fact, parents who want to share custody are often the best candidates for it, because they are already cooperating. The willingness to share is itself a sign you can reach agreement.
What you need to agree on
For a divorce involving children to be uncontested, you and your co-parent need to agree on the parenting terms that go into your parenting plan:
- Legal custody: who makes major decisions about education, healthcare, religion, and activities, and who has final say in each area if you disagree.
- Physical custody: where the child lives and the schedule they follow, including holidays and school breaks.
- Child support: the amount, calculated under Georgia’s guidelines.
If you can agree on these, your case is uncontested, and shared custody fits right into it. You do not have to agree on every tiny detail before you start. Part of the process is working through the specifics and getting them written down correctly. You need agreement on the big picture and a genuine willingness to finalize the details.
Sharing custody is not the same as splitting time 50/50
A quick clarification, because it trips people up. Sharing custody does not require a perfectly even schedule. Georgia does not impose a 50/50 rule, and shared custody can look like near-equal time, or it can look like one primary home with a generous schedule for the other parent. What makes it “shared” is that both parents stay meaningfully involved in the child’s life and decisions.
This matters for uncontested divorce because it means you are not forced into a rigid template. You design a schedule that fits your children’s school, activities, and both parents’ work lives, and you write it into the plan. Agreement, not a specific split, is what keeps the case uncontested.
How the parenting plan gets approved
In an uncontested Georgia divorce, your custody arrangement is written into a parenting plan submitted to the court as part of your divorce. When both parents agree and the plan covers what Georgia requires, decision-making authority, the physical schedule, holidays, and child support, the court can approve it without a custody hearing.
That is the whole advantage. You are not arguing custody in front of a judge. You are presenting an arrangement the two of you already built, and the court is confirming it works for the child. Parents who agree keep control of the outcome instead of handing it to someone who has never met their family.
What it costs
An uncontested divorce with minor children takes more work than one without, because Georgia requires a parenting plan and a child support worksheet in addition to the standard documents. At Aaron Thomas Law, that case is handled for a flat fee of $3,950, with the county court filing fee included. One price, start to finish, no hourly billing, whether your custody arrangement is simple or detailed.
What if we do not agree on everything yet?
If you are close but not fully aligned, it is still worth a conversation. Many parents who feel stuck are closer to agreement than they realize, and the gap is often a detail that is easier to resolve than it looks. Getting to a complete agreement is frequently the difference between a flat-fee uncontested divorce and a far more expensive contested one, so it is worth finding out where you actually stand.
Ready to move forward?
If you and your co-parent agree on the big picture and want to share custody, an uncontested divorce is very likely the right path. Schedule a consultation and we will confirm your situation qualifies and walk you through how your custody arrangement fits into the process.
Can you have an uncontested divorce if you share custody in Georgia?
Yes. An uncontested divorce only requires that both parents agree on the terms, including custody and child support. Sharing custody does not make a divorce contested.
Does shared custody require a 50/50 schedule in Georgia?
No. Georgia has no automatic 50/50 rule. Shared custody means both parents stay meaningfully involved, whether through near-equal time or one primary home with a generous schedule for the other parent.
