Uncontested Divorce: The Modern Way to Get Divorced

Divorce is a significant life change, but it doesn’t have to be a drawn-out, expensive, or emotionally exhausting battle. Many couples in Georgia are choosing uncontested divorce as a modern, efficient, and cost-effective way to separate without unnecessary legal disputes.

If you and your spouse agree on the terms of your divorce, including property division, child custody, and financial arrangements, an uncontested divorce in Georgia may be the best solution. With the help of Attorney Sean R. Whitworth—a seasoned Marietta-based divorce lawyer—you can navigate the process with ease, saving time, money, and stress.

An uncontested divorce is when both spouses mutually agree on all key terms of their separation before filing. This eliminates the need for prolonged court battles, making the process significantly faster and more affordable than a traditional contested divorce.

To qualify for an uncontested divorce in Georgia, both parties must agree on:
✅ Division of property and debts
✅ Child custody and parenting arrangements
✅ Child support and spousal support (if applicable)
✅ Any other legal considerations related to their separation

In contrast, a contested divorce occurs when couples cannot reach an agreement, requiring court intervention and litigation—often costing thousands in legal fees and taking months (or years) to resolve.

The legal landscape of divorce has evolved over time, and uncontested divorce has become the modern way for couples to dissolve their marriage amicably. Here’s why:

1. Faster Process
A contested divorce can take months, if not years, to finalize. However, an uncontested divorce in Georgia can be finalized in as little as 31 days, depending on court schedules. This allows both parties to move forward with their lives sooner rather than later.

2. Lower Costs (Flat Fee Attorney Services)
One of the most significant benefits of uncontested divorce is the lower cost.
Attorney Sean R. Whitworth offers flat-fee uncontested divorce services in Marietta, GA, meaning no hourly billing and no surprise legal fees.
This is drastically more affordable than a contested divorce, which can cost tens of thousands of dollars in legal fees alone.

3. Less Emotional Strain
Divorce can be emotionally taxing, especially when it becomes a bitter legal battle. Choosing an uncontested divorcereduces conflict, making it easier for both parties to part ways peacefully. This is especially beneficial when children are involved, as it helps maintain a more amicable co-parenting relationship.

4. More Privacy, Less Courtroom Drama
Unlike contested divorces, which often involve court appearances, public records, and disputes, an uncontested divorce is handled mostly through paperwork. This allows couples to keep their private matters out of the courtroom and move forward discreetly.

5. Full Control Over the Outcome
By agreeing to terms before filing, both parties retain control over property division, child custody, and financial decisions—rather than leaving these critical decisions to a judge. This allows for customized solutions that fit the unique needs of each family.

The process for an uncontested divorce in Georgia is relatively straightforward but still requires careful legal preparation. Attorney Sean R. Whitworth ensures every step is handled correctly so that your divorce is finalized without delays or complications.

Step 1: Determine Eligibility
To file for an uncontested divorce in Georgia, at least one spouse must have been a resident of Georgia for at least six months.

Step 2: Draft a Divorce Settlement Agreement
Both parties must sign a legally binding agreement that details:
How assets and debts will be divided
Child custody and support (if applicable)
Any spousal support or financial arrangements

Attorney Sean R. Whitworth will ensure this document is legally sound and complies with Georgia divorce laws.

Step 3: File Divorce Papers
The Petition for Divorce must be filed in the Superior Court of the county where either spouse resides. For Marietta-based cases, this typically means filing in Cobb County.

Step 4: Serve the Other Party
Even if both parties agree to the divorce, Georgia law requires that the non-filing spouse be formally served with the divorce papers. However, they can waive this requirement to streamline the process.

Step 5: Final Court Approval
Once all paperwork is correctly filed, a judge will review the agreement. If everything is in order, a final divorce decree will be issued—often within 31 days.

While some couples attempt to handle an uncontested divorce on their own by purchasing online templates, this can lead to legal mistakes, delays, and even case dismissal.
Attorney Sean R. Whitworth provides expert legal guidance to ensure your divorce is handled correctly, efficiently, and affordably.

Why Choose Attorney Whitworth?
✅ Nearly two decades of experience in Georgia divorce law
✅ Flat-fee pricing—no hourly billing or hidden fees
✅ Deep understanding of Cobb County and Atlanta Metro divorce courts
✅ Fast and efficient filings to get your divorce finalized ASAP

Hiring a local Marietta divorce attorney ensures that your rights are protected, your documents are correctly filed, and your divorce is finalized without unnecessary delays.

Common Questions About Uncontested Divorce in Georgia

1. How Long Does an Uncontested Divorce Take in Georgia?
   Georgia law requires a minimum waiting period of 31 days after filing. However, the total time depends on court processing times. Most cases can be finalized within 1-3 months.
2. Do Both Spouses Have to Appear in Court?
   No, in most uncontested divorces, no court appearance is required. The judge reviews and signs the agreement without a hearing.
3. What If We Change Our Minds After Filing?
   If an agreement falls apart after filing, the case can become contested, requiring additional legal action. This is why it’s crucial to have an attorney draft a solid settlement agreement.

Ready to File? Contact Attorney Sean R. Whitworth Today!

If you’re considering an uncontested divorce in Georgia, the modern way to get divorced is fast, affordable, and stress-free—but only if handled correctly.
Attorney Sean R. Whitworth has helped hundreds of Georgia residents finalize their divorces efficiently and affordably. Let him help you move forward with confidence.