A Georgia divorce is uncontested when the spouses agree on every issue in the case, not merely on ending the marriage.
Agreement Has to Cover Everything
Uniform Superior Court Rule 24.6 is titled “Uncontested Divorce Actions” and sets out when such a case may be heard. But a case is not uncontested just because both spouses want out. Custody, parenting time, child support, alimony, property, and debts all have to be settled, because a judge cannot sign a decree while any contestable issue is still open.
Those terms are normally written into a settlement agreement that the court then incorporates into the final decree, which makes the agreement enforceable as a court order.
The Paperwork Has to Be Witnessed
Uncontested cases usually avoid a sheriff’s deputy at the door. Instead the defendant signs an acknowledgment of service. Uniform Superior Court Rule 24.3 requires that all acknowledgments of service be witnessed by an official attesting officer or by the parties’ counsel, and that any consent of the parties be signed by both parties with each signature witnessed the same way.
Read the Agreement Before You Sign
An agreement about when the case may be heard means what it says. In McFarland v. McFarland, 231 Ga. 739 (1974), a wife signed a settlement agreement, an acknowledgment of service, and a separate “Agreement to Try at First Term” allowing trial 30 days after “the date of filing or service.” The husband obtained the decree without further notice to her, and she moved to set it aside, arguing the 30 days ran from the date the agreement itself was filed.
The Georgia Supreme Court rejected that reading, holding the language referred to the filing or service of the divorce complaint. Her motion to set aside the decree was properly overruled.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!