Uncontested Divorce in Georgia: Acknowledgment of Service, the 31-Day Rule and No Default
Georgia family law · Last reviewed October 9, 2026
Most Georgia divorces are uncontested: the spouses agree on property, debts, alimony and, if they have children, custody and support. Georgia doesn't have a separate "simplified" divorce. Instead, an agreed case moves quickly because the other spouse signs an acknowledgment of service and consents to an early hearing, and the spouses file a signed settlement agreement.
Which route fits your case?
Which Georgia divorce route fits your case?
A quick sort using Georgia's residency rule and the Uniform Superior Court Rules. A starting point, not advice.
The ground: "irretrievably broken"
Georgia has thirteen grounds for divorce in O.C.G.A. § 19-5-3, including adultery, desertion and cruel treatment, but nearly everyone uses the no-fault ground. The official complaint form puts it simply:
(a) Our marriage is irretrievably broken. The Defendant and I can no longer live together and there is no hope that we will get back together.
The statute adds a short waiting period (§ 19-5-3(13)):
(13) The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the respondent.
Step by step
- Check residency. The spouse who files must have been a Georgia resident for six months before filing, or, if that spouse lives elsewhere, the other spouse must have lived in Georgia, and in the county where you file, for six months (O.C.G.A. § 19-5-2).
- File the complaint in the right county, usually the county where the other spouse lives, with the Clerk of Superior Court. Use the statewide Complaint for Divorce (with or without minor children), and pay the filing fee. See forms and cost.
- Get an acknowledgment of service. Instead of being served by the sheriff, the other spouse can sign an acknowledgment of service. Under Uniform Superior Court Rule 24.3, it must be signed before an official attesting officer (such as a notary) or a lawyer.
- Sign a settlement agreement dividing property and debts and settling alimony, and, with children, a parenting plan and child support worksheet.
- Consent to the hearing. If both spouses sign a written consent, the court can grant the divorce as soon as 31 days after service or acknowledgment.
- Finish any required seminar. If you have children, your county may require a parenting seminar.
- Final hearing and decree. The judge reviews the papers, often at a short hearing, and signs the Final Judgment and Decree of Divorce.
How soon? Uniform Superior Court Rule 24.6
Uniform Superior Court Rule 24.6 sets the earliest dates:
(A) By written consent of both parties to a hearing a divorce may be granted any time 31 days after service or filing acknowledgment of service. (B) In an unanswered action, a divorce may be granted any time 46 days after service, unless the time for response has been extended by court order. (C) A divorce action served by publication may be granted any time suitable to the judge and attorneys 61 days or more after date of the first publication.
Georgia divorce timeline calculator
Uniform Superior Court Rule 24.6 · O.C.G.A. § 9-11-12 · earliest dates, not a promise of when a judge will sign
If your spouse doesn't respond: no default divorce
A served spouse has 30 days to answer (O.C.G.A. § 9-11-12). If your spouse doesn't, you can ask for a final hearing 46 days after service. But Georgia doesn't grant a divorce by default the way ordinary lawsuits are decided. O.C.G.A. § 19-5-8 says:
No verdict or judgment by default shall be taken in any such case but the allegations of the pleadings shall be established to the satisfaction of the court by the verified pleadings, by affidavit, by evidentiary hearing, or otherwise, as provided in Code Section 19-5-10.
So you still have to prove your case to the judge, usually by your testimony at the hearing.
If you can't find your spouse, file an affidavit describing your search, and the court can order service by publication in the county's legal newspaper (O.C.G.A. § 9-11-4). The divorce can be granted 61 days or more after the first publication.
All issues must be resolved
Uniform Superior Court Rule 24.7 adds a firm rule: "no divorce decree shall be granted unless all contestable issues in the case have been finally resolved." Settle everything, or let the court decide it, before the final decree.
Frequently asked questions
How long does an uncontested divorce take in Georgia?
The earliest is 31 days after your spouse signs an acknowledgment of service, if both of you consent in writing to the hearing. How soon after that depends on the court's calendar and any required seminar.
Can I get a divorce in Georgia if my spouse won't sign?
Yes. Have your spouse served by the sheriff. If there's no answer, the divorce can be granted 46 days after service, but you must still prove your case to the judge; Georgia doesn't allow a default divorce.
Do I need to go to court for an uncontested divorce in Georgia?
Often there's a short final hearing, though some judges grant agreed divorces on the papers. Check your county's practice.
What is an acknowledgment of service in Georgia?
A form the other spouse signs, before a notary or other attesting officer, accepting the divorce papers so the sheriff doesn't have to serve them.
Does Georgia have a waiting period for divorce?
A no-fault divorce can't be granted until at least 30 days after service, and the court rules allow a final hearing 31 days after service with both spouses' written consent.