The Main Types of Divorce in Georgia

types of divorce

The number of women who reported their divorce was 960,014 in 2020. This number declined in 2021, with the number dropping to 948,862.

If you live in Georgia, you may be wondering about the different types of divorce options. This can be important to understand since divorce laws change by state.

Certain types of divorce may be available in certain areas and not others. You also want to understand what divorce option is suitable for your situation.

Keep reading to find out more about the types of divorce in Georgia.

Uncontested Divorce

When you are hiring a lawyer, they will help you decide on the types of divorce. One common type of divorce is an uncontested divorce.

This is when you and your spouse agree on all of the assets that are to be divided. This could include finances, real estate, debt, etc.

You and your spouse will also have to have agreed upon child support and custody. This is considered to be one of the easiest types of divorce since there is little to decide.

You simply fill out the paperwork and file it within the state of Georgia. Most people can legalize their divorce within 31 days of doing this.

The divorce fees are also going to be significantly lower.

Contested Divorce

The opposite of an uncontested divorce is a contested divorce. This is very common as it happens when you and your spouse are not able to agree on the terms of the divorce.

For instance, your spouse may want certain assets that you believe are yours. This would create a divorce where the two of you are not in agreement upon what goes to who.

In this instance, attorneys, mediators, or a judge is necessary to settle the issue. They will look at all of the information and decide who can receive what.

This is much more difficult than an uncontested divorce and will result in higher divorce fees.


Getting a divorce is difficult, especially with so many different factors involved. One type of divorce that is available in Georgia is arbitration.

Arbitration is when a judge is not used to avoid certain biases. The empowered arbitrator will act as a judge when making the final decisions about assets and child custody.

One benefit of arbitration is that it is usually a faster process. The divorce process doesn’t drag on as much since arbitrators are more accessible.

Collaborative Divorce

Another kind of divorce is a collaborative divorce. This is when the couple does not need to go to court because they have already agreed.

In this instance, no third party is needed. The couple can proceed on their own if they have an established agreement.

You will need to hire a divorce attorney as they will be present during this agreement. The process of a collaborative divorce is much more affordable and faster in most cases.


One of these types of divorce that is similar to arbitration is mediation. Mediation involves a third-party mediator who helps the spouses come to an agreement.

This helps the couple from having to go to divorce court to create a settlement. The mediator has the final judgment to make decisions if agreements are not made.

The mediator will create a plan and give it to the court to make the final decisions. This is perfect for couples who mostly agree but need a third party’s help.

Summary Divorce

A type of divorce that is a bit less common is a summary divorce. This can happen if the couple does not have a lot of assets or any children that need to be divided.

This can also happen if the couple has not been married for very long. A summary divorce is completed quickly with very limited documentation.

All that is needed is the signatures of both parties. Keep in mind that this is only going to be suitable for people who already have some kind of agreement.

Divorce by Default

A divorce option that is a bit more complex is divorce by default. This happens when one spouse files for divorce by themselves.

The other person will then be served with divorce documents that they will have to respond to. They could either sign the documents in the agreement or take them to court.

If the spouse does not consent to the divorce, it could still go through by the judge. This would be a divorce by default, as one party once a divorce and the other doesn’t.

No-Fault Divorce

One option is a no-fault divorce where no one in the marriage is at fault. This happens when neither party directly did something to cause the divorce.

A no-fault divorce is suitable for divorces where both parties have agreed. They may have fallen out of love or have decided to pursue different paths in life.

Fault Divorce

The opposite of a no-fault divorce is a fault divorce. This happens when one person directly caused the reason for the divorce.

For instance, they may have cheated, causing the relationship to unravel. Or they may have abused their spouse or become incarcerated.

Types of Divorce Options in Georgia

You may be interested in the types of divorce options available in Georgia. The good news is that there are plenty of options depending on your specific situation.

Do you need to hire a divorce attorney to help you with your divorce? Contact us today at Blake and Detchemendy Law to call one of our attorneys.