Divorce Options in Georgia – Uncontested, Contested, Mediation

Divorce Options: Uncontested, Contested, Mediation

This article compares divorce options in Georgia including uncontested divorce, contested divorce, and mediated divorce processes. Read more to learn about filing for divorce in Georgia, including which process what is best for you. Discover the advantages, disadvantages, and compelling reasons to choose the best divorce process.

Uncontested Divorce in Georgia

An uncontested divorce is the most common way to end a marriage in Georgia. In this scenario, both spouses agree on all, or nearly all, it’s easier to develop the divorce Settlement Agreement. Typical elements that need to be decided are equitable property division, child custody, child support, spousal support, and the Parenting Plan.

Legal Requirements

To file for an uncontested divorce in Georgia, the following items must be established:

• Residency: Before filing, one person must have resided in Georgia for a minimum of six months. (It does not matter in which state you were married).
• Grounds for Divorce: Your petition for divorce must include at least one of the established Grounds for Divorce in Georgia
• Cessation of Marital Relations: Confirm suspension of "marital relations" with known intent to divorce.

Obviously, there are additional things your lawyer will need to know. This includes name/address/phone type information for you and your spouse, information on finances, children, etc.

Uncontested Divorce Process

• Filing: One spouse files the petition for divorce. Divorce papers will then be served to the other spouse. They have 30 days to file their response.
• Formal litigation: begins to agree to all necessary points in the Settlement Agreement (and Parenting Plan if minor children are involved).
• Minor children?: If minor children are involved, both parents must attend a Divorcing Parents Seminar.
• Waiting Period: Georgia law requires a minimum waiting period of 31 days after the respondent is served with divorce papers before the court can grant the divorce.
• Finalization: If any points are not agreed upon, these matters may be decided by a brief appearance before a family court judge. Otherwise, the judge reviews the Settlement Agreement (and Parenting Plan). If the judge has no issues, a final divorce decree is granted. If the judge finds issues, each point will be discussed and changed as necessary. Most uncontested divorces are finalized within three to six months after filing.

Uncontested Advantages

• Cost-Effective: Legal fees are minimal since attorneys may not be necessary.
• Time-Saving: The process is much faster than contested divorces.
• Less Stressful: Avoids the adversarial nature of court battles.

Uncontested Disadvantages

Requires Full Agreement: If any issue is disputed the divorce becomes contested.

Limited Court Oversight: The court may not scrutinize agreements as closely as in contested cases, potentially leading to unfair settlements if one party is disadvantaged.

Contested Divorce in Georgia

A contested divorce occurs when spouses cannot agree on one or more key issues. This disagreement necessitates court intervention, making the process more complex, time-consuming, and expensive.

Contested Divorce Legal Process

The contested divorce process in Georgia closely resembles other civil lawsuits and involves several stages:

• Pleadings: The process begins with one spouse filing a complaint and the other responding with an answer.
• Discovery: Both parties exchange information and documents relevant to the case. This phase can involve written questions, document requests, and depositions.
• Motions and Hearings: Temporary orders regarding custody, support, or property may be issued after hearings.
• Mediation: Many courts require mediation before proceeding to trial, although not all disputes are resolved at this stage.
• Trial: If issues remain unresolved, the case goes to trial before a judge (or a jury for certain financial issues). The judge decides on custody, while either party can request a jury for property division or alimony.

Complexity and Cost

Contested divorces are resource-intensive. Attorney involvement is almost always necessary, especially for navigating discovery, presenting evidence, and making legal arguments. A hard-fought contested divorce can require 100–200 hours of attorney time or more, leading to significant legal expenses.

Contested Advantages

• Court Protection: The court ensures both parties’ rights are protected, particularly in cases involving complex assets or child custody disputes.
• Discovery Tools: Parties can compel the disclosure of financial and other relevant information.
• Judicial Oversight: Judges can issue orders to prevent asset dissipation or protect children.

Contested Disadvantages

• Expensive: Legal fees can reach tens of thousands of dollars.
• Time-Consuming: The process can take months or even years.
• Stressful: The adversarial nature can increase conflict and emotional strain.

Divorce Mediation in Georgia

Divorce mediation is a collaborative process where a neutral, trained mediator helps spouses negotiate and resolve disputes amicably. Mediation can occur at any stage of the divorce process, even after litigation has begun, and is often required by Georgia courts before a case proceeds to trial.

How Divorce Mediation Works

• Mediator Role: The mediator facilitates communication, identifies issues, and helps the parties explore solutions. Mediators do not make decisions but guide the parties toward mutually acceptable agreements.
• Confidentiality: Mediation is confidential, allowing spouses to negotiate freely without fear that their statements will be used against them in court, with limited exceptions (such as threats of harm).
• Voluntary Participation: Either party can end mediation at any time if they feel uncomfortable or believe further negotiation is unproductive.

When Divorce Mediation Works

• Court-Ordered Mediation: Many Georgia counties require mediation in contested divorces, especially for disputes involving child custody or property.
• Voluntary Mediation: Couples may choose mediation before filing for divorce to resolve issues and file as uncontested, or during the divorce process to avoid trial.

Divorce Mediation Process

• Selection of Mediator: Parties may choose a mediator or be assigned one by the court.
• Preparation: Each spouse gathers relevant financial, parenting, and property information.
• Sessions: The mediator meets with both spouses (together or separately) to discuss and negotiate disputed issues. Sessions can be in person or virtual.
• Agreement: If an agreement is reached, the mediator drafts a document outlining the terms. This agreement can be submitted to the court for approval and inclusion in the final divorce decree.
• If No Agreement: Unresolved issues proceed to court for a judge to decide.

Mediation Advantages

• Cost-Effective: Mediation is significantly less expensive than litigation, often costing 40–60% less than a contested divorce.
• Faster Resolution: Disputes can be resolved in weeks or months, rather than years.
• Control and Flexibility: Parties retain control over the outcome and can craft creative solutions tailored to their family’s needs.
• Reduced Conflict: Mediation fosters cooperation, which is especially beneficial for co-parenting relationships.
• Confidential: Unlike court proceedings, mediation discussions are private.

Mediation Disadvantages

• Not Always Appropriate: Mediation is generally unsuitable in cases involving domestic violence or significant power imbalances.
• No Guaranteed Resolution: If parties cannot agree, the case returns to court, potentially increasing costs and delays.

Snapshot Comparison

Finding the best divorce process depends on the divorcing couple’s tone in communicating, level of disagreements on key points, and alignment in seeking a fair outcome.

Uncontested Divorce is works for spouses who agree on all, or nearly all, issues, and share a goal of having a prompt, lower-cost process.

Contested Divorce is common when there is a high level of disagreement, when one person or both people are uncooperative, deceptive or otherwise unwilling to cooperate with the divorce process.

Divorce Mediation when couples can work together amicably, offers an opportunity to get a divorce at a substantially lower cost, with less stress, and avoid the exposure of their business in a public trial.

Common Questions

Can mediation turn a contested divorce into an uncontested one? Yes. If mediation resolves all disputes, the parties can submit a settlement agreement, and the divorce proceeds as uncontested.

Is mediation always required in Georgia? Not always, but many counties require mediation before a contested divorce can go to trial, especially in cases involving children.

What happens if mediation fails? Any unresolved issues proceed to court, where a judge (and sometimes a jury) will decide.

How much does each process cost?