Georgia Uncontested Divorce Terms and Definitions
Below is a plain-language glossary of common Georgia uncontested divorce terms and definitions. Whether you are preparing, filing, or finishing an uncontested divorce in Georgia, these definitions explain the words and documents you are most likely to see along the way. They are written specifically for Georgia divorce cases, including uncontested divorces with or without minor children, and they apply to cases filed in the Superior Court of the county where the divorce belongs.
If you have questions about how any of these terms apply to your own situation, it is a good idea to speak with a Georgia divorce attorney before you file.
Acknowledgment of Service
An Acknowledgment of Service is a document signed by the Defendant confirming that he or she received the divorce paperwork. In many Georgia uncontested divorce cases, the Defendant signs an Acknowledgment of Service instead of being formally served by a sheriff or private process server.
Advocate
An advocate is a person who promotes, protects, and presents a client’s legal interests in a case. In a Georgia divorce case, an advocate is usually an attorney or lawyer representing one spouse.
Affidavit
An affidavit is a written statement made under oath. Affidavits are generally signed in front of a notary public and may be filed with the Superior Court in a Georgia uncontested divorce case. Depending on the county and the circumstances of the case, affidavits may help establish the legal grounds for divorce or support other requested relief.
Alimony
Alimony, sometimes called spousal support, is financial support paid by one spouse to the other. Georgia law defines alimony as an allowance from one spouse’s estate for the support of the other spouse while the parties are living separately. Alimony may be temporary or permanent, and it may be paid in monthly installments, as a lump sum, or through another agreed arrangement. Alimony is separate from child support and equitable division of marital property. See O.C.G.A. § 19-6-1.
Annulment
An annulment is a court proceeding that declares a marriage invalid or voidable because a legal requirement for a valid marriage was not met. Annulments are very different from Georgia uncontested divorces and are usually based on limited legal grounds, such as fraud, lack of capacity, or another defect affecting the marriage itself. Georgia law generally does not permit an annulment when children have been born or are expected from the marriage. See O.C.G.A. §§ 19-3-4 and 19-4-1.
Answer
An Answer is the written response the Defendant files to the Complaint for Divorce. In it, the Defendant admits or denies the statements in the Complaint and may state his or her own position on the issues. A Defendant in Georgia generally has thirty (30) days after being served to file an Answer. In a true uncontested divorce, the parties have already agreed on everything, so the Defendant often signs an Acknowledgment of Service and a settlement agreement rather than filing a contested Answer.
Arbitration
Arbitration is a process in which a neutral third party, called an arbitrator, hears both sides of a dispute and makes a decision. Unlike mediation, arbitration may result in a binding decision. Arbitration is not commonly part of a standard Georgia uncontested divorce because the spouses have already reached an agreement on all material issues.
Certificate of Service
A Certificate of Service is a short statement, signed by the person who sent a document, confirming that a copy was delivered to the other party. It tells the court when and how the other side received the paperwork. Certificates of Service are common throughout a Georgia divorce case, including uncontested cases, to show that each party received the required documents.
Child Support
Child support is financial support paid for the benefit of a child. In a Georgia uncontested divorce involving minor children, child support is generally calculated under Georgia’s child support guidelines and documented through the required worksheets and supporting paperwork. The court must review the proposed child support arrangement before incorporating it into a Final Judgment and Decree of Divorce. See O.C.G.A. § 19-6-15.
Child Support Addendum
A Child Support Addendum is the document that sets out the specific terms of the child support obligation in a Georgia divorce, such as how much is paid, how often, and how it is paid. It is filed along with the Child Support Worksheet and becomes part of the final court order when the divorce is granted. See O.C.G.A. § 19-6-15.
Child Support Worksheet
A Child Support Worksheet is the official form used to calculate child support under Georgia’s guidelines. It uses both parents’ income and other allowed adjustments to arrive at a support amount. Georgia uses an income shares model, which means the incomes of both parents are considered. In cases with minor children, the completed worksheet must be filed with the court and is reviewed before the divorce is finalized. See O.C.G.A. § 19-6-15.
Cohabitation
Cohabitation generally refers to two unmarried people living together in a relationship. In a Georgia divorce case, cohabitation may be relevant to issues involving alimony, living arrangements, expenses, or post-divorce obligations.
Complainant
The Complainant is the spouse who files the divorce case with the Superior Court. In Georgia, the Complainant may also be called the Plaintiff or Petitioner.
Complaint for Divorce
The Complaint for Divorce, sometimes called a Petition for Divorce, is the document that starts a divorce case. The spouse who files it asks the Superior Court to end the marriage and to grant other relief, such as custody, child support, alimony, or division of property and debts. The Complaint states the grounds for the divorce and the basic facts of the case.
Contempt
Contempt occurs when a person fails to comply with a valid court order. Contempt is usually not part of the initial uncontested divorce process because the parties are attempting to resolve all issues by agreement. However, contempt may become an issue after the divorce is finalized if either party fails to comply with the Final Judgment and Decree of Divorce, Parenting Plan, child support order, or settlement agreement.
Contested Divorce
A contested divorce is a Georgia divorce case in which the spouses do not have a complete written agreement resolving all material issues. Disagreements may involve child custody, parenting time, child support, alimony, attorney’s fees, property division, debt division, retirement accounts, or other matters. A case may also be contested when one spouse does not wish to participate, cannot be located, or files a response disputing the requested relief.
Counterclaim
A counterclaim is a claim filed by the Defendant against the Plaintiff within the same divorce case. Through a counterclaim, the Defendant can ask the court for his or her own relief, such as custody, support, or a particular division of property. In an uncontested divorce, a counterclaim is usually unnecessary because both spouses already agree on the outcome.
Custody
Custody refers to the legal rights and responsibilities involving minor children. Georgia custody arrangements usually address both legal custody and physical custody. Legal custody concerns major decisions involving the child, such as education, non-emergency medical care, religion, and extracurricular activities. Physical custody concerns where the child lives and the parenting-time schedule. Georgia law does not presume that either parent is automatically entitled to a particular form of custody. See O.C.G.A. § 19-9-3.
Default
A default happens when the Defendant does not file an Answer or otherwise respond within the time allowed, usually thirty (30) days after service. A default can allow the case to move forward without the Defendant’s participation. In a Georgia divorce, however, a default does not automatically give the Plaintiff everything requested. The court must still find that the legal grounds for divorce exist and that any custody or support terms are appropriate.
Defendant
The Defendant is the spouse against whom the divorce action is filed. The Defendant may also be called the Respondent. In an uncontested divorce, the Defendant commonly signs an Acknowledgment of Service, a settlement agreement, and other required documents confirming the parties’ agreement.
Divorce Settlement Agreement
A Divorce Settlement Agreement, sometimes called a Marital Settlement Agreement, is the written contract that explains how the spouses have agreed to resolve the issues in their divorce. It may address property division, debts, alimony, retirement accounts, vehicles, tax matters, insurance, and other financial issues. In an uncontested divorce, the signed agreement is usually submitted to the court for approval and incorporation into the final divorce decree.
Domestic Relations Financial Affidavit (DRFA)
A Domestic Relations Financial Affidavit, often called a DRFA, is a sworn form that lists a party’s income, expenses, assets, and debts. It gives the court and the other spouse a clear picture of each person’s finances. A DRFA is generally required in Georgia divorce cases that involve alimony, child support, or division of property. See Uniform Superior Court Rule 24.2.
Equitable Division
Equitable division is the process of fairly dividing marital property and marital debts in a Georgia divorce. Equitable does not always mean equal. In an uncontested divorce, the spouses may agree on how to divide their assets and debts, subject to court approval.
Filing Fee
A filing fee is the amount the court charges to open a divorce case. Filing fees in Georgia are set by each county and are typically a few hundred dollars. A person who truly cannot afford the fee may ask the court to waive it by filing a poverty affidavit, sometimes called an in forma pauperis application.
Final Judgment and Decree of Divorce
The Final Judgment and Decree of Divorce is the court order that legally ends the marriage. It may also approve and incorporate the parties’ Divorce Settlement Agreement, Parenting Plan, child support documents, and other agreements. Georgia law provides a form of final divorce decree and permits restoration of a prior or maiden name when properly requested. See O.C.G.A. § 19-5-12.
Grounds for Divorce
Grounds for divorce are the legal reasons a court may use to end a marriage. Georgia law lists thirteen (13) grounds for divorce. Twelve (12) of them are fault-based, such as adultery or cruel treatment, and one (1) is the no-fault ground that the marriage is irretrievably broken. Most uncontested divorces in Georgia proceed on the no-fault ground. See O.C.G.A. § 19-5-3.
Guardian ad Litem
A Guardian ad Litem, often called a GAL, is a neutral person appointed by the court to investigate and make recommendations regarding a child’s best interests. A GAL may review records, speak with parents, teachers, relatives, counselors, and others involved in the child’s life. GAL involvement is more common in contested custody cases than in a typical uncontested divorce.
Irretrievably Broken
Irretrievably broken is Georgia’s no-fault ground for divorce. It means the marriage has ended and there is no reasonable hope that the spouses will get back together. A spouse using this ground does not have to prove that the other spouse did anything wrong. This is the most common ground in Georgia uncontested divorces. See O.C.G.A. § 19-5-3.
Joint Custody
Joint custody means both parents share custody of the child. Joint legal custody means both parents share the right to make major decisions for the child. Joint physical custody means the child spends substantial time living with each parent. Parents may share one form of custody without sharing the other, and Georgia courts decide custody based on the best interests of the child. See O.C.G.A. § 19-9-3.
Jurisdiction
Jurisdiction is the court’s authority to hear a case and to make decisions that are binding on the parties. In a Georgia divorce, jurisdiction generally requires that at least one spouse has lived in Georgia for at least six (6) months before filing, and that the court has authority over both parties. Without proper jurisdiction, a court cannot grant a divorce. See O.C.G.A. § 19-5-2.
Legal Separation
Georgia does not use the phrase legal separation in the same way as some other states. A married person may seek separate maintenance, which can address support and custody issues while the parties remain legally married. Separate maintenance is different from divorce because it does not dissolve the marriage.
Marital Property
Marital property generally includes assets and debts that the spouses acquired during the marriage, no matter whose name is on the title. Marital property is subject to equitable division in a Georgia divorce. Property that one spouse owned before the marriage, or received during the marriage as a gift or inheritance, is often treated as separate property, though it can lose that status if it is mixed together with marital property.
Mediation
Mediation is a voluntary process in which a neutral third party helps spouses communicate and attempt to reach an agreement. A mediator does not make decisions for the parties and generally cannot provide legal advice to either spouse. Mediation can help spouses resolve disagreements and convert a potentially contested divorce into an uncontested divorce.
Motion
A motion is a written request asking the court to make a specific ruling or take a specific action. Common examples include a motion for a temporary hearing or a motion to modify an existing order. Uncontested divorces usually involve few, if any, motions because the parties already agree on the outcome.
Name Restoration
Name restoration is the process of returning to a maiden or prior name as part of a divorce. In Georgia, a spouse may request restoration of a maiden or prior name in the divorce pleadings, and the final decree will restore that name. A former spouse who did not ask for a name change during the divorce may also request one afterward by motion in the original case. See O.C.G.A. § 19-5-16.
No-Fault Divorce
A no-fault divorce is a divorce granted without proving that either spouse did anything wrong. In Georgia, the no-fault ground is that the marriage is irretrievably broken. Most uncontested divorces in Georgia are no-fault divorces because they are simpler and less contentious. See O.C.G.A. § 19-5-3.
Notice of Hearing
A Notice of Hearing is a document that tells the parties when and where a court hearing will take place. It gives each side a fair chance to appear and be heard. Many uncontested divorces are decided based on the paperwork, so a formal hearing is not always required.
Parenting Plan
A Parenting Plan is a written document addressing legal custody, physical custody, parenting time, decision-making authority, communication, holidays, transportation, and other issues involving minor children. A Parenting Plan is generally required in Georgia divorce cases involving child custody and becomes part of the final court order. See O.C.G.A. § 19-9-1.
Petitioner
The Petitioner is the spouse who starts the divorce case by filing the Complaint or Petition for Divorce. In Georgia, the Petitioner is also commonly called the Plaintiff or Complainant.
Plaintiff
The Plaintiff is the spouse who starts the divorce case by filing a Complaint for Divorce with the Superior Court. The Plaintiff is also commonly called the Complainant or Petitioner.
Pleading
A pleading is a formal document filed with the court in a divorce case. Common divorce pleadings and related documents include a Complaint for Divorce, Answer, Acknowledgment of Service, Affidavit, Motion, Notice of Hearing, Divorce Settlement Agreement, Parenting Plan, Child Support Addendum, Child Support Worksheet, Final Judgment and Decree of Divorce, and Certificate of Service.
Pro Se
Pro se means representing yourself without an attorney. A person may file and handle his or her own Georgia uncontested divorce case without legal representation. However, a person who represents himself or herself is still responsible for complying with court rules, filing requirements, service requirements, and the applicable law.
Qualified Domestic Relations Order (QDRO)
A Qualified Domestic Relations Order, often called a QDRO, is a special court order used to divide certain retirement accounts, such as a 401(k) or pension, between spouses. It tells the retirement plan how to pay part of the account to the other spouse without triggering early taxes or penalties. A QDRO is often needed when a Georgia divorce divides workplace retirement benefits.
Residency Requirement
The residency requirement is the rule that at least one spouse must have lived in Georgia for a set period before filing for divorce. In Georgia, that period is six (6) months of bona fide residence before the Complaint for Divorce is filed. Special rules apply to military members stationed in Georgia and to nonresidents filing against a Georgia resident. See O.C.G.A. § 19-5-2.
Respondent
The Respondent is another name for the Defendant, meaning the spouse who did not file the divorce case. In an uncontested divorce, the Respondent often signs an Acknowledgment of Service and the settlement documents to confirm the parties’ agreement.
Rule Nisi
A Rule Nisi is a court order that sets the date, time, and place for a hearing. It is often used to schedule a temporary hearing early in a divorce case. Uncontested divorces frequently do not need a Rule Nisi because there is no dispute to hear.
Separate Maintenance
Separate maintenance is a Georgia court action that can provide support and address custody while the spouses stay legally married. It is sometimes used when a couple lives apart but is not ready to divorce, or when one spouse does not yet meet the six (6) month residency requirement for divorce. Separate maintenance does not end the marriage. See O.C.G.A. § 19-6-10.
Separate Property
Separate property, sometimes called non-marital property, is property that belongs to only one spouse and is generally not divided in the divorce. It often includes property owned before the marriage and property received during the marriage by gift or inheritance. Separate property can lose its protected status if it is mixed together with marital property or retitled in both names.
Service
Service is the formal delivery of legal documents to the other party so that he or she receives official notice of the case. In a Georgia divorce, service makes sure the Defendant knows about the case and has a chance to respond. Service may be completed by an Acknowledgment of Service, by the sheriff or a private process server, or by another method the court allows.
Service of Process
Service of process is the legal procedure used to give the Defendant official notice that a divorce case has been filed. In an uncontested Georgia divorce, service may be completed through an Acknowledgment of Service signed by the Defendant. In other cases, service may be completed by the sheriff, a private process server, publication, or another method permitted by the court.
Sole Custody
Sole custody means one parent holds custody rights. Sole legal custody gives one parent the authority to make major decisions for the child. Sole physical custody means the child lives primarily with one parent, while the other parent may still have parenting time. Georgia courts decide custody based on the best interests of the child. See O.C.G.A. § 19-9-3.
Spousal Support
Spousal support generally refers to alimony paid by one spouse to the other. It does not include child support. Attorney’s fees may also be awarded in some Georgia divorce cases, but they are a separate issue from alimony and child support.
Standing Order
A Standing Order, sometimes called a Domestic Relations Standing Order, is an order that many Georgia counties apply automatically when a divorce case is filed. It commonly tells both spouses not to harass each other and not to hide, sell, or waste property while the case is pending. A copy is usually served on the other spouse along with the divorce paperwork.
Superior Court
The Superior Court is the Georgia trial court that handles divorce cases. It has exclusive authority over divorce, which means a Georgia divorce is filed in the Superior Court of the proper county, usually the county where the Defendant lives.
Uncontested Divorce
An uncontested divorce is a divorce case in which both spouses have reached a full agreement on all material issues before the court enters the final decree. Depending on the circumstances, those issues may include property division, debt division, alimony, child support, child custody, parenting time, retirement accounts, taxes, insurance, and name restoration. Even in an uncontested divorce, the court must determine that there are legally sufficient grounds for the divorce and may review the proposed agreements before granting the divorce. See O.C.G.A. §§ 19-5-3 and 19-5-10.
Venue
Venue is the specific county where a divorce case should be filed. In Georgia, venue is usually the county where the Defendant lives. If the Defendant has moved out of state, or does not object, the case may be filed in the county where the Plaintiff lives. See O.C.G.A. § 19-5-2.
Verification
Verification is a sworn statement, signed before a notary, confirming that the facts in a document are true. Georgia divorce complaints and certain other filings are generally verified. Verifying a document is different from simply signing it, because the person is swearing to the truth of what the document says.
Waiting Period
The waiting period is the minimum time that must pass before a no-fault Georgia divorce can be finalized. In Georgia, a no-fault divorce generally cannot be granted until at least thirty (30) days after the Defendant has been served or has acknowledged service. This gives both parties time and helps ensure the process is handled properly. See O.C.G.A. § 19-5-3.
This glossary provides general information about Georgia uncontested divorce terms and is not legal advice. Every case is different, and the law can change. For advice about your specific situation, please consult a licensed Georgia attorney.
Give us a call at 470-947-2471 to arrange a confidential consultation with one of our experienced Georgia uncontested divorce attorneys.
Georgia Areas We Serve
Coleman Legal Group, LLC’s Georgia uncontested divorce attorneys handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Sharon Springs, Marietta, Sandy Springs, Woodstock, Canton, Holly Springs, Douglasville, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings, East Cobb and Smyrna.
Our Georgia uncontested divorce lawyers frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
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Updated: 2026-07-02
