Uncontested Divorce vs. Contested Divorce in Georgia: Which Is Right for You?

When people call our office about divorce, the first thing we often hear is: “I want an uncontested divorce.” Why? Because they’ve heard it’s cheaper, faster, and easier.

But here’s the truth: an uncontested divorce isn’t about what you want—it’s about what you already have. Specifically, it means you and your spouse have already agreed on every single major issue. If you don’t, then it’s not truly uncontested, no matter how much you’d like it to be.

Think of it this way:

• Uncontested divorce = you bring us the full agreement, and we put it into proper legal form.

• Contested divorce = you and your spouse disagree on one or more issues, and attorneys (and possibly the court) have to step in.

Many people who call us asking for “uncontested” really fall into the second category. That’s why it’s important to understand the difference before you start the process.

What Is an Uncontested Divorce?

An uncontested divorce happens when both spouses agree on all of the following:

• How to divide property and debts

• Whether either spouse will receive alimony

• Who will have custody and what the parenting schedule looks like

• How much child support will be paid

In an uncontested divorce, our role as your attorneys is more limited. We’re not negotiating on your behalf or battling in court. Instead, we:

• Review your agreement to make sure it complies with Georgia law

• Draft the settlement documents and parenting plan (if applicable)

• File your paperwork with the court so it can be finalized by a judge

Because there’s no litigation involved, uncontested divorces are usually:

• Faster – Many Georgia uncontested divorces can be finalized in a couple months.

• Cheaper – Attorney time and court appearances are minimal.

• Less stressful – The focus is on paperwork, not conflict.

Example: A couple in Columbia County agrees that the wife will keep the house, the husband will take the truck, and they’ll share custody of their two children week-on, week-off. They bring their full agreement to us, and we draft and file the paperwork. That’s an uncontested divorce.

⚠️ Common misunderstanding: A case is not uncontested just because you want it to be cheaper. If you and your spouse still have unresolved disputes, even small ones, then it’s contested.

In Georgia, many uncontested divorces can be finalized in as little as 30–60 days if all paperwork is filed correctly. Realistically, most take between two and four months depending on the county and the court’s schedule.

When Uncontested Divorce May Not Work

Uncontested divorce is not a good fit if:

• There’s a history of domestic violence or intimidation.

• One spouse controls all the finances, creating a power imbalance.

• You and your spouse still disagree on custody, support, or property division.

Example: A spouse in Richmond County says, “We agree on most things, but I want $1,000 in child support, and he says he’ll only pay $300.” That one unresolved issue makes the divorce contested.

What Is a Contested Divorce?

A contested divorce is one where you and your spouse do not agree on one or more major issues. Even one sticking point — such as who keeps the house or how parenting time is split — means the case is contested.

In contested divorces, the process may involve:

• Discovery – Exchanging financial documents, gathering records, or even using expert witnesses for business valuations or psychological evaluations.

• Mediation – In Georgia, many counties require couples to attempt mediation before going to trial.

• Court hearings or trial – If mediation doesn’t resolve the issues, a judge will decide.

Considerations in Contested Divorce

• Time & expense – These cases can take a year or more and involve higher legal fees.

• Uncertainty – A judge controls the outcome, which may not satisfy either spouse.

• Emotional toll – Prolonged disputes often increase stress and can negatively impact children.

Example: A couple in McDuffie County owns a small business together. They can’t agree on whether to sell the business or keep running it jointly. The court requires financial experts to value the company, and the case may take several months or a year before a judge make the final call.

Contested divorces in Georgia typically take anywhere from a few months to several months to resolve. Cases involving business valuations, custody disputes, or significant property often push the timeline even longer, sometimes stretching beyond two years.

Typical Georgia Divorce Timelines:

• Uncontested: 1–4 months (sometimes as little as 31 days)

• Contested: 3–18 months (longer if complex issues are involved)

From our experience, no matter how long it really takes, almost every couple feels like their divorce is dragging on forever. Even quick cases don’t feel fast when you’re the one going through it. After all, it only takes five minutes to say “I do,” but it usually takes a lot longer to say “I don’t.”

Choosing the Right Path

Here’s a simple way to think about it:

• If you and your spouse can communicate respectfully, disclose finances honestly, and agree on all terms → Uncontested divorce may be best.

• If you’re still in conflict over property, custody, or support → Contested divorce is the reality (at least until those issues are worked out).

Example: A couple in Augusta starts off contested because they disagree about retirement accounts. After mediation, they reach an agreement and convert their case into an uncontested divorce.

Remember: even if your case starts contested, it can still settle later if you and your spouse reach an agreement through negotiation or mediation.

Why Legal Guidance Matters

Even in an uncontested divorce, working with an experienced Georgia divorce attorney is crucial. A lawyer ensures that your paperwork is complete, your agreement is enforceable, and your rights are protected.

In a contested divorce, having counsel is even more important. Court rules, evidence requirements, and local procedures are complex, and an experienced attorney can advocate for your best interests every step of the way.

This article is for informational purposes only and does not constitute legal advice. For advice on your specific case, please contact us.