How long does an uncontested divorce take?

The time it will take for your divorce to be processed can vary depending on the details of your case. On one hand, state law requires a waiting period of only 31 days on uncontested divorces, meaning that a divorce could be final about a month after everything is filed. On the other hand, divorces are rarely finalized within a month, and any problems during the process can delay finalization by several months.

Three Things That Can Change How Long it Takes Before Your Uncontested Divorce Is Final

The first thing to realize is that the court needs to review your case before your divorce can be accepted. Your case will only be given to a judge to review after 31 days have passed—and then it will likely be added to the backlog of cases in your local court.

The time it takes to finalize your divorce will also be affected if:

  • You no longer live in Georgia. To file for divorce in Georgia, at least one spouse must be currently living in the state and must have lived here for at least six months before filing. You and your spouse can still be living together at the time you file for divorce.
  • You request a temporary court order. If you have reason to fear your spouse, you can ask for a temporary court order to be scheduled immediately. You and your spouse must be present at this short hearing to resolve questions of child custody, visitation, support, or property disputes. The judge will issue an order binding you and your spouse from taking specific actions (such as selling assets) until trial.
  • The judge requests a hearing. While many uncontested divorces do not require hearings, a judge can potentially request a hearing for any case. The hearing itself may only take an hour, but scheduling hearings can often take weeks or months if the court has a high caseload.

No matter how long your uncontested divorce takes, it will take much longer if your divorce goes to trial. On average, Georgia spouses who cannot agree on the terms of their separation wait more than a year before they can move on. If you and your spouse have made the decision to separate, we can help you file your uncontested divorce with a minimum of fuss. Call us today or fill out your contact information to speak with a Georgia divorce attorney.