Is Your Divorce Uncontested?

Posted by Diane Cherry, Managing Partner | Feb 22, 2021

Uncontested Divorce in Georgia
Georgia Uncontested Divorce

Everyone knows divorces can be contested or uncontested.

If husband and wife are in agreement that they want to be divorced, is it uncontested?  Not unless they can agree on 100% of the issues.

The mere fact that you agree on getting a divorce doesn't make your divorce uncontested. If you do not agree on everything from property division to child support to alimony and attorneys fees to visitation and parenting time, you do not qualify for an uncontested divorce.

In layman's terms, it's better to think of an uncontested divorce as a “quickie divorce.” You both want to dispense with the ordinary formalities of litigation and rush into a divorce.

Uncontested divorces work best for recently married and no or low asset and debt couples. If you have a lot of assets, debt or tax liabilities, an uncontested divorce may indeed be quick but it may leave you unprotected.

What if you only disagree on one or two issues? Good question.  In that case, you still do not qualify for an uncontested divorce because you have to work out those issues and it may take hours, days, weeks or months to agree on a single issue.

No lawyer can afford to work with you toward a resolution of any issues in a divorce without charging you for his or her time, which is why they put limits on the number of changes they will make to an uncontested settlement agreement before it is considered contested.

And a “quickie divorce” is exactly that: you don't get any investigation, analysis, tips, planning or advice on what assets and debts you should be seeking a division of, confirmation that you are not overlooking any assets or discussion and strategies for reducing the risk of future tax or other liabilities arising after the divorce is finalized.

So before you ask for an uncontested divorce, think about whether you want to bypass all formalities and go the quickie route or whether you want something more than that.

For more information, join the discussion at the Georgia Divorce Network.

About the Author

Diane Cherry, Managing Partner

I am an Atlanta area Family Law Attorney who has represented hundreds of clients in federal and state courts and administrative hearing cases throughout the State of Georgia.


Separation and divorce are often the most difficult times of a person's life. Our family law experts are dedicated to representing every client with integrity, dedication, and with the understanding that you are trusting us to help resolve your divorce or family law matter as if you were a member of our family.

Marietta Office
770-444-3376 (fax)
Mon: 08:00am - 05:30pm
Tue: 08:00am - 05:30pm
Wed: 08:00am - 05:30pm
Thu: 08:00am - 05:30pm
Fri: 08:00am - 05:30pm