"Uncontested Divorce" means that ALL issues are settled, NOT all-most.

     Yeah, I know it’s spelled “almost.”  One of my biggest pet peeves is people not understanding that each and every word in a court order actually means something, so to put that near-pun in the title of this post makes me a little uncomfortable.  However, I’m trying to make sure that the lowest common denominator understands that to get those $399 specials on the billboards, you really do have to have all things settled.
     “Why is that?” you might ask.  Well to answer that question, let’s look at what should be a very simple question: “where should you file for divorce?”

Where should you file for divorce?

     In Georgia, the state constitution requires that civil suits are filed in the county where the Defendant resides.  In a divorce, that means that you are required to file in the Superior Court that is in the county where your soon to be ex-spouse lives.
     However, even this simple rule can get complicated.  What happens if the ex has either left the county where you lived in together while married, or went ahead and left the state?  Well, if the ex still lives in Georgia, you can still file in the county where you both lived together if you file within 6 months of the separation date.  If the ex has left the state you can either file in the county where you both lived together, or in the county where you currently live.  However, as long as you have lived in Georgia for 6 months, you can file in any county whatsoever in Georgia if you both agree to it.  Hmmmm.  It’s simple, but it can get more complicated than necessary quickly.
     So the point being, if you are going to fight any detail whatsoever, no matter how mundane, you no longer have an uncontested divorce.

OK, we agree to agree on EVERYTHING. What do we have to file?

     For an uncontested divorce without minor children, you must file a verified complaint that alleges the facts necessary to establish jurisdiction and venue as well as grounds for divorce.  Remember that I said every word counts?  Most of the time “allege” is a word bandied about by people trying to sound like a lawyer (and that includes lawyers trying to sound like a lawyer) but in this case it is accurately used.  Because Georgia is a notice pleading state, you can get away in most cases by filing a complaint with any wild-“eyed” accusation and you don’t have to specifically state facts that give rise to a civil action.  Divorce however requires specific allegations in order to state a valid claim against the other party.  It also requires that you “verify” the complaint, which means you swear in a separate, notarized statement, that your complaint is true.

Is that it? We’re done?

     Nope.  Then, you either serve the other party, or have them acknowledge service.  Since this is uncontested, I’ll hope that you can acknowledge service.  Then, you have to wait 31 days before the court can issue the divorce.  That divorce will not magically occur on the 31st day though, you need to follow up with the court, and either ask for a hearing after 30 days, or file a motion for the court to enter judgment on the pleadings.  Some courts will allow divorces on motions, and others won’t.  If you are filling in a county allowing orders on motions, you must comply with Uniform Superior Court Rule 24.6.  If you did not file in the county where the Defendant lives, you will need to file a waiver/consent to venue and jurisdiction.  If the male spouse has filed and the female wishes to have her maiden name restored, she will either have to file an affidavit to that effect, or have that term incorporated into the settlement.  Oh, you did write up a settlement that resolved all issues of marital debt, separate debt, marital and separate assets, personal and real property, and any other issues of the divorce?  No?  Better go do that, and then incorporate it properly into the final proposed divorce order that you need to prepare for the judge to sign.
     Don’t know how to do all that?  Well how ‘bout you plunk down some cash and have a Georgia Family Law Attorney do it properly for you?  Want to do it yourself?  If you do you probably are the kind of person who also likes to make your own hot-tub out of a can of propane, and an old wash bucket.  Good luck with that.  Call a Georgia Criminal Defense Attorney when you kill your neighbors in the explosion.