Uncontested vs. Contested Divorce in Georgia: Simplified Procedures and Mandatory Steps
In Georgia an uncontested and a contested divorce share the six-month residence rule and the 30 days from service. A contested case may be referred to mediation, and a jury can divide property while the judge decides custody.
What is the same in an uncontested and a contested Georgia divorce?
The six-month residence rule and, on the irretrievable breakdown ground, the 30 days from service (O.C.G.A. 19-5-3(13)). The Georgia divorce timeline calculator gives the same earliest date for both.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Residence | 6 months before the petition | 6 months before the petition |
| Waiting period | 30 days from service | 30 days from service; longer if answered and tried |
| Alternative dispute resolution | Not needed | The judge may refer contested petitions where a program exists |
| Custody findings | Agreed plan | On request, specific findings of fact and a decision-making manner for joint legal custody |
| Property | Settlement agreement | The judge or jury divides it equitably |
Is mediation used in Georgia?
In a county that has established an alternative dispute resolution program under the Georgia Court-annexed Alternative Dispute Resolution Act, the judge may, before trial, refer all contested petitions for divorce or permanent alimony to the appropriate dispute resolution method (19-5-1).
What must a contested custody order say in Georgia?
If any party asks on or before the close of evidence in a contested hearing, the permanent order must set forth specific findings of fact as to the basis for the custody decision, including any relevant factor relied on, why custody was awarded as it was and, for joint legal custody, how final decision-making on education, health, extracurricular activities, religion and other important matters is decided. The order must be filed within 30 days of the final hearing unless the judge extends it by agreement (19-9-3(a)(8)).
Who decides custody and property in Georgia?
The judge decides custody, not a jury (19-9-3(a)(2)). In a divorce case the jury’s verdict disposing of the property is carried into effect by the court (19-5-13), so a contested property dispute can be tried by a jury. See the Georgia property division calculator.
What are the temporary rules while the case is pending in Georgia?
Upon the filing of an action to change custody the judge may change the terms of custody on a temporary basis pending final judgment, without that award adjudicating the parties’ rights (19-9-3(e)). While alimony is pending, neither party may make a substantial change in the assets of the party’s estate except in the ordinary course of business or for bona fide transfers for value (19-6-1(e)).
Is a final disposition form needed in Georgia?
Yes in custody cases. At the end of a proceeding under the child custody article, the domestic relations final disposition form prescribed by the Judicial Council of Georgia must be filed, in addition to the filing requirements in the child support guidelines (19-9-3(h)).
Which parenting steps apply in an agreed case in Georgia?
If parents agree on custody, the judge’s duty is still to look solely to what is in the child’s best interest (O.C.G.A. 19-9-3(a)(2)), and every child support order must specify the noncustodial parent’s court-ordered parenting time. See the Georgia parenting time calculator for the day count and the Georgia child support calculator for the amount.
Do the spouses have to agree to a divorce in Georgia?
No. On the irretrievable breakdown ground one spouse can proceed after the 30 days, and the other spouse’s refusal does not stop the case. They still have to settle or try property, support and custody.
Frequently asked questions
Does an uncontested divorce skip the Georgia 30-day wait?
No. On the irretrievable breakdown ground the court cannot grant a divorce until 30 days from service.
Can a Georgia judge order mediation in a divorce?
Where the county has an alternative dispute resolution program, the judge may refer contested divorce petitions to it.
Does a jury decide a Georgia divorce?
A jury can decide property issues in a divorce case; the judge decides custody.
Can I freeze assets in a Georgia divorce?
While alimony is pending, neither party may substantially change the estate except in the ordinary course of business or for value.
Do Georgia custody orders need written findings?
Yes, if a party asks on or before the close of evidence in a contested hearing.
Official sources
- O.C.G.A. 19-5-2: residence requirements; venue
- O.C.G.A. 19-5-3: grounds for total divorce
- Georgia Code Title 19, chapter 5: divorce (19-5-1 to 19-5-17)
- O.C.G.A. 19-9-3: custody of child; best interest factors
- O.C.G.A. 19-5-13: disposition of property in accordance with verdict
- O.C.G.A. 19-6-1: alimony defined
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Georgia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Georgia attorney.