To file an uncontested divorce in Georgia, one spouse must have lived in the state for at least six months, the two of you must agree in writing on every issue (property, debts, support, and custody), and you file a complaint, a signed settlement agreement, and financial disclosures with the Superior Court clerk in the proper county. After a mandatory 30-day waiting period, the judge signs the final decree, sometimes on paper and sometimes after a brief hearing. Most cases close in roughly 31 to 45 days.
Confirm You Meet the Residency Rule
At least one spouse must have been a bona fide resident of Georgia for six months before the petition is filed. Bona fide means you actually live here and treat Georgia as home, not just keep a mailing address.1Justia. Georgia Code 19-5-2 – Residence Requirements; Venue
You file in the Superior Court of the county where you or your spouse has lived for six months.2Georgia.gov. File for Divorce Because the responding spouse in an uncontested case signs an acknowledgment of service that usually consents to venue, the two of you can pick whichever qualifying county is more convenient. If your spouse has moved out of Georgia, file in your own county.1Justia. Georgia Code 19-5-2 – Residence Requirements; Venue
A service member stationed on a Georgia base needs one year at that base, and the case goes to any county adjacent to it.1Justia. Georgia Code 19-5-2 – Residence Requirements; Venue
Gather Your Information First
Before opening any forms, pull together full legal names and current addresses for both spouses, dates of birth, the exact date and place of your marriage, the full names and birth dates of any minor children, and any prenuptial or postnuptial agreements.
The financial side takes longer. Georgia’s Uniform Superior Court Rule 24.2 requires both spouses to file a Domestic Relations Financial Affidavit, a sworn statement of income, assets, debts, and living expenses. You will list gross monthly income from every source, employer benefits such as retirement contributions, every monthly debt payment, mortgage balances, and the assets you use to support the family. It must be filed and served on the other spouse at least 15 days before any hearing.
Bank statements, pay stubs, recent tax returns, loan statements, and retirement account balances all belong in one folder before you start typing. People routinely underestimate how long this takes when accounts sit at multiple institutions.
Prepare the Forms
Blank packets are available through the Georgia Courts self-help page, with separate versions for cases with and without minor children.3Judicial Council of Georgia. Divorce Forms Printed copies are also available at the Clerk of Superior Court in your county. Every uncontested case uses four core documents:
- Complaint for Divorce. The petition that starts the case. It identifies both spouses, states the residency facts, confirms the marriage date, and asks the court to grant a divorce on the ground that the marriage is irretrievably broken.
- Settlement Agreement. The written contract dividing property and debts, addressing alimony if any, and covering all other financial terms. Both parties sign it. This is the document that makes the case uncontested.
- Acknowledgment of Service and Consent. The responding spouse signs this to confirm receipt of the papers and waive formal service by a sheriff or process server. It must be notarized.
- Domestic Relations Financial Affidavit. The sworn financial disclosure described above, from each spouse.
Extra Forms If You Have Minor Children
Georgia requires a parenting plan in every divorce involving minor children. The plan must cover where the child will be on each day of the year, how holidays and school breaks are divided, transportation for exchanges, how major decisions about education, health, extracurriculars, and religious upbringing get made, and whether any parenting time is supervised.4Justia. Georgia Code 19-9-1 – Parenting Plans; Requirements for Plan The statute expects real detail. “Reasonable visitation” will not satisfy a Georgia judge.
You also need a completed Child Support Worksheet so the court can verify that the support figure in your agreement follows state guidelines. The state’s free online calculator produces the worksheet and its supporting schedules.5Judicial Council of Georgia. Georgia Child Support Calculator Georgia uses an income shares model that combines both parents’ incomes, and if the two of you agree to a number that differs from the guideline amount, your settlement agreement has to explain why the deviation serves the child’s best interests.6Judicial Council of Georgia. O.C.G.A. 19-6-15 – Georgia Child Support Calculator
File With the Clerk of Superior Court
Once everything is signed and the notary work is done, take the documents to the Clerk of Superior Court. Bring the originals plus at least two copies. Filing fees run roughly $200 to $225 and are paid at filing. Payment methods vary by county, so call before you drive over.
The clerk stamps the documents and assigns a case number. Your spouse’s signed acknowledgment of service is filed at the same time, which starts Georgia’s mandatory waiting period.
Wait Out the 30-Day Period
A Georgia court will not grant a divorce on the ground that the marriage is irretrievably broken until at least 30 days after the responding spouse was served or acknowledged service.7Justia. Georgia Code 19-5-3 – Grounds for Total Divorce That is a floor, not a promise. During the wait the judge reviews your paperwork, checking that the settlement agreement is not grossly unfair and that any parenting plan serves the children’s best interests. If something looks off, you’ll receive a notice to amend the document or come in and explain.
Finalize the Divorce
After 30 days there are two routes to a signed decree. If both spouses have attorneys, a lawyer can file a Motion for Judgment on the Pleadings and ask the judge to sign the final decree without anyone appearing. If either spouse is self-represented, a short final hearing is required, and the judge asks a few questions to confirm both parties signed the agreement voluntarily and understand its terms.
Some judges want a hearing either way. Practice varies by county and by individual judge, so check locally before assuming you can skip the courtroom.
Once the judge is satisfied, the Final Judgment and Decree is signed and entered. From that moment, every term of your settlement agreement and parenting plan is a binding court order enforceable by contempt.
Handle the Loose Ends
A few items sit outside the filing packet but matter for anyone actually going through this.
Retirement Accounts Need a Separate Order
If your settlement agreement divides a 401(k), pension, or other employer-sponsored retirement plan, the plan administrator will not move any money based on the divorce decree alone. Federal law requires a Qualified Domestic Relations Order, a separate court order that directs the plan to pay a specified portion to the other spouse. A QDRO also puts income tax on the receiving spouse when money eventually comes out.8U.S. Department of Labor. Qualified Domestic Relations Orders Under ERISA: A Practical Guide to Dividing Retirement Benefits
QDROs cover private-employer plans under federal retirement law, including 401(k), corporate pension, and profit-sharing plans. Government employee plans and church plans are generally not covered; contact those plan administrators directly for their requirements. IRAs work differently again: a traditional IRA, Roth, SEP, or SIMPLE can be split by a tax-free rollover into an IRA in the other spouse’s name, but the divorce agreement must specifically require the transfer. Just withdrawing and handing over the cash triggers income tax and, potentially, a 10% early withdrawal penalty.
Restoring a Former Name
If you want a former name back, the easiest path is to ask for it in the divorce petition. The final decree will then specify the restored name, and it becomes legal immediately. If you forget or change your mind later, a 2024 amendment to O.C.G.A. ยง 19-5-16 lets you file a simple motion at any time after the divorce is final to restore the surname on your birth certificate. No newspaper publication is required, and the judge can grant it without a hearing.9Justia. Georgia Code 19-5-16 – Restoration of Maiden or Prior Name Use the resulting order to update your Social Security card, driver’s license, passport, and bank accounts.
Your Filing Status for Taxes
Your marital status on December 31 sets your filing status for the whole tax year. If the divorce is finalized any time during 2026, you file that year’s return as single or head of household, not married.10Internal Revenue Service. Publication 504 – Divorced or Separated Individuals Head of household is available if you pay more than half the cost of maintaining a home where a qualifying child lives with you for more than half the year.