Uncontested vs. Contested Divorce in Georgia

Why the Type of Divorce Matters in Georgia

When deciding to file for divorce, you generally will have a contested divorce or uncontested divorce. Your choice affects how long it takes to get a divorce. It also affects the cost of divorce and stress levels. It can affect how much control you have over property division, support, custody, and visitation.

From an informational standpoint, understanding uncontested vs. contested divorce helps you set realistic expectations. Other considerations are the types of third-party professional help you may need. This may include mediators, investigators, counselors, or a Guardian ad Litem.

What Is an Uncontested Divorce in Georgia?

An uncontested divorce in Georgia occurs when both spouses reach an agreement on all major issues. This includes property division, allocation of debts, spousal support (alimony), child custody, visitation, and child support. Lacking disputed issues, the process is typically faster, less expensive, and more private than a contested case.

In an uncontested case, the spouses usually sign a settlement agreement. If children are involved, it includes a Parenting Plan and child support documents. The court reviews these documents to ensure they comply with Georgia law and are in the best interests of the children before issuing a final divorce decree.

Settlement Agreement: Key Components

Your Settlement Agreement has standard areas to cover, including:

• Property Division: Marital assets such as real estate, finances, cars, etc.
• Debt Division: Marital debts such as mortgages, vehicle loans, credit card balances, etc.
• Spousal Support (Alimony): If awarded, the amount and duration of payments
• Child Support: The amount a non-custodial parent pays the custodial parent each month
• Child Custody & Visitation: Legal and physical custody arrangements (sole or joint), including co-parenting schedules, decision-making authority. In some situations, supervised visitation may be stipulated.
• Special Provisions: Funding college tuition accounts, extracurricular activity costs, medical and dental expenses, dependent tax credits, insurance policies, etc.

Special provisions may be added to control behaviors such as alcohol use, non-family member overnight stays, etc. It is possible to include requirements for completing substance abuse counseling, Alcoholics Anonymous, Anger Management courses, and more.

What Is a Contested Divorce in Georgia?

A contested divorce arises when spouses cannot agree on one or more key issues. Disputes may involve who keeps the house, how retirement accounts are divided, whether alimony is appropriate, or how parenting time should be shared. In these cases, the court may require discovery, hearings, mediation, and Guardian ad Litem assessments. Ultimately, a trial where a judge makes the final decisions.

Contested divorces generally take longer and cost more. They may be necessary when there is a significant power imbalance, safety concerns, or complex financial issues. The key determining factor is whether ot not items can be resolved by litigation.

Property Division in Georgia: Equitable Distribution

Georgia is an equitable distribution state. That means marital property is divided in a way the court considers fair, which is not always the same as an equal 50/50 split.

Before anything can be divided, property must be classified as either marital or separate. Marital property generally includes assets and debts acquired during the marriage, while separate property may include assets owned before marriage, inheritances, or certain gifts.

Property Division in an Uncontested Divorce

In an uncontested divorce, spouses negotiate how to divide their marital estate. The resulting terms are then compiled to create the Settlement Agreement. As long as the agreement appears fair and lawful, Georgia courts often approve it without major changes.

Couples may agree to trade assets or to sell certain property and divide the proceeds. An example is one spouse takes the home while the other receives more retirement funds. Mediation can be especially helpful in crafting creative, tax-conscious solutions.

Property Division in a Contested Divorce

When spouses cannot agree, the judge applies Georgia’s equitable distribution principles. Factors may include each spouse’s contributions to the marriage, their separate property, earning capacity, and the overall circumstances of the case.

The court may order appraisals, divide retirement accounts through qualified domestic relations orders (QDRO), and allocate debts. Because judicial decisions are binding and sometimes unpredictable, many couples still attempt settlement even in contested cases.

Spousal Support (Alimony) in Georgia

Spousal support—often called alimony—is not automatic in Georgia. A court may award it based on:

• One spouse’s need and the other spouse’s ability to pay
• Length of the marriage
• Established standard of living
• Each spouse’s earning capacity.

In an uncontested divorce, spouses can agree to temporary or long-term support, or to waive alimony altogether. In a contested case, the judge decides whether alimony is appropriate and, if so, the amount and duration.

Georgia enacted new provisions in 2026 that can affect spousal support. The key components remain largely the same. This includes:

• Needs of the receiving spouse
• Ability to pay for the contributing spouse
• The standard of living during the marriage

These elements are the criteria for how courts determine the amount and duration of support. There are circumstances, such as adultery, that can nullify any chance to receive support.

Child Custody and Visitation: Best Interests of the Child

Georgia custody decisions are guided by:

• the best interests of the child
• Legal custody (decision-making authority)
• Physical custody (where the child lives)

Many parents share joint legal custody, while physical custody may be primary with one parent and parenting time (visitation) for the other.

Factors in determining best interests can include:

• Each parent’s involvement in the child’s life
• The stability of each home
• The child’s relationship with siblings
• The child’s preferences (if 14 years old or older)

Custody in an Uncontested Divorce

In an uncontested divorce, parents submit a detailed parenting plan that addresses legal custody, physical custody, holiday schedules, transportation, decision-making, and methods for resolving future disagreements.

If the plan appears to serve the child’s best interests and complies with Georgia law, the court will usually approve it.

Parents can design flexible schedules that fit their work lives and the child’s needs, such as week-on/week-off arrangements, 2-2-3 rotations, or primary residence with extended weekends for the other parent.

Custody in a Contested Divorce

When custody is contested, the court may order evaluations, appoint a guardian ad litem, or require parenting classes. Evidence about each parent’s conduct, communication, and ability to meet the child’s needs becomes central. The judge ultimately sets the parenting plan if the parents cannot agree.

Any 2026 updates to Georgia custody law are likely to continue emphasizing the child’s best interests, co-parenting, and safety. Because custody orders can be difficult to change later, parents in contested cases often benefit from experienced legal representation.

Child Support Under Georgia’s Guidelines

Georgia uses an income shares model for child support, which considers both parents’ incomes, the number of children, health insurance costs, and certain other expenses. The state publishes guidelines and worksheets that help calculate a presumptive support amount.

In both contested and uncontested divorces, child support must generally align with these guidelines unless the court finds a reason to deviate—such as extraordinary medical needs, special educational expenses, or unusual parenting time arrangements.

If Georgia updates its child support laws or guideline tables in 2026, those changes will affect the final numbers but not the core principle: both parents share financial responsibility for their children. Before signing any agreement, parents should confirm they are using the most current worksheet and rules.

Process, Timeline, and Cost: Contested vs. Uncontested

An uncontested divorce in Georgia can sometimes be finalized in a matter of months, depending on court schedules and how quickly the parties complete their paperwork. Filing fees, limited attorney involvement, and perhaps a mediation session may be the primary costs.

A contested divorce, by contrast, can take significantly longer—sometimes a year or more—especially if there are complex assets or heated custody disputes. Costs may include multiple court hearings, discovery, expert witnesses, and extensive attorney time.

From a commercial perspective, many law firms offer different service levels: flat-fee packages for uncontested divorces, hourly representation for contested matters, and hybrid options such as document review or mediation support. Comparing these options can help you align your legal strategy with your budget and goals.

How to Decide Between Contested and Uncontested Divorce

The “right” path depends on your situation. If you and your spouse can communicate respectfully and are willing to compromise, an uncontested divorce can save time, money, and emotional energy. It also gives you more control over the outcome instead of leaving major life decisions to a judge.

If there is a history of abuse, serious power imbalances, hidden assets, or fundamental disagreements about the children, a contested divorce may be necessary to protect your rights and your children’s well-being. Even then, many cases settle before trial, often after mediation or negotiation between attorneys.

Because Georgia’s laws—including any refinements that may take effect in 2026—directly shape your rights in property division, support, and parenting, a consultation with a Georgia family law attorney is usually a wise first step.

Next Steps: Get Clarity on Your Georgia Divorce

Whether you are leaning toward an uncontested divorce or preparing for a contested case, you do not have to navigate Georgia’s legal system alone. A focused strategy—grounded in up-to-date law and realistic expectations—can make a difficult transition more manageable.

Consider scheduling a consultation with a Georgia divorce attorney to review your assets, parenting concerns, and goals. Bring your questions about property division, spousal support, custody, visitation, and child support under the most current Georgia rules so you can move forward with confidence.