Navigating divorce in Georgia can be complex, especially with the various types of divorce and legal options available. At Hobson & Hobson, P.C., we leverage over 30 years of combined experience, advanced technology, and a client-centric approach to guide Atlanta-area families through every step of the process. Here, we break down the different types of divorces in Georgia, recent legal trends, and how our expertise can help you make informed decisions during this challenging time.

What Are the Different Types of Divorce in Georgia?

Georgia law recognizes several types of divorce, each with its own procedures, advantages, and challenges. Understanding these divorce types is crucial for choosing the best path forward.

Contested vs. Uncontested Divorce

Uncontested Divorce

An uncontested divorce is the most straightforward type of divorce in Georgia. In this scenario, both spouses agree on all major issues, including property division, child custody, child support, and alimony. This divorce option is typically:

• Faster and less expensive than contested cases
• Less adversarial, reducing emotional and financial strain
• More private, as fewer details are aired in open court

Uncontested divorces are ideal for couples who can communicate effectively and are committed to resolving matters amicably. According to the National Statistics Office of Georgia, uncontested divorces are increasingly common, reflecting a national trend toward minimizing conflict and cost (source).

Contested Divorce

A contested divorce arises when spouses cannot agree on one or more key issues. These cases require court intervention and are often:

• More complex and time-consuming
• Costlier due to extended litigation
• Emotionally challenging, especially when children or significant assets are involved

Contested divorces may involve multiple hearings, discovery of financial records, and expert testimony. Our attorneys at Hobson & Hobson are specially trained in litigation to provide efficient, effective representation in even the most contentious cases.

Fault vs. No-Fault Divorce

No-Fault Divorce

The most common type of divorce in Georgia is the no-fault divorce. Here, neither party needs to prove wrongdoing; instead, one spouse simply states that the marriage is “irretrievably broken.” This approach offers:

• Simplicity and privacy
• Less public airing of personal grievances
• A streamlined process, especially when paired with an uncontested filing

No-fault divorces are the preferred option for most Georgia couples, as they reduce the potential for conflict and expedite resolution (Georgia Legal Aid).

Fault Divorce

Georgia is one of the few states that still recognizes fault-based divorces. There are 13 fault grounds, including:

• Adultery
• Desertion
• Cruelty
• Substance abuse

Proving fault can impact alimony, property division, and even child custody. While less common, fault divorces are strategically important in cases involving infidelity, abuse, or significant financial misconduct. As one Atlanta family law expert notes:

“Fault-based divorces are rare but can be strategically important in cases involving infidelity or abuse, as they may affect alimony and property division.” — Family Law Expert, Tisdale Law Firm

Four Types of Divorce Filings

To summarize, the four main types of divorce filings in Georgia are:

1. Uncontested No-Fault Divorce
2. Uncontested Fault Divorce
3. Contested No-Fault Divorce
4. Contested Fault Divorce

Each type of divorce offers unique advantages and challenges. Our team at Hobson & Hobson helps clients evaluate all divorce options to determine the best approach for their circumstances.

Mediation: A Key Divorce Option in Georgia

Georgia courts strongly encourage, and sometimes require, mediation — especially in contested cases or those involving children or significant assets. Mediation is a confidential process where a neutral third party helps spouses reach agreement on:

• Property division
• Child custody and parenting plans
• Child support and alimony

Mediation can:

• Reduce legal costs and emotional stress
• Foster more amicable outcomes
• Allow for creative, customized solutions

Our attorneys are skilled in mediation and negotiation, helping clients achieve fair, efficient resolutions whenever possible. For more on mediation in Georgia, visit the Georgia Commission on Dispute Resolution.

High-Asset Divorces and Complex Cases

High-asset divorces require specialized knowledge and resources. These cases often involve:

• Business valuations
• Investment portfolios
• Real estate holdings
• Retirement accounts

Our firm collaborates with financial professionals to ensure accurate valuation and equitable division of assets. We also have extensive experience handling contentious custody disputes and protecting our clients’ financial interests.

Child Custody Considerations in Georgia

Child custody is often the most sensitive aspect of any divorce. Georgia courts prioritize the best interests of the child, considering factors such as:

• Parental involvement and stability
• The child’s needs and preferences (depending on age)
• Each parent’s ability to provide a safe, supportive environment

Joint custody is common, but arrangements are tailored to each family’s unique situation. Mediation is frequently used to develop parenting plans and resolve disputes outside of court, minimizing stress for both parents and children. For more details, see the Georgia Department of Human Services.

What Makes Georgia’s Divorce Process Unique?

Georgia’s divorce laws offer flexibility and modern solutions for today’s families:

• Dual system of fault and no-fault divorce: Clients can choose the approach that best fits their needs and circumstances.
• Emphasis on mediation: Courts encourage dispute resolution outside of litigation, saving time and money.
• Detailed court guidelines: Standardized procedures ensure consistency and fairness across counties.
• Evolving trends: More divorces among older adults, and a growing preference for uncontested, no-fault divorces.

Our attorneys stay current with all legal developments, leveraging technology and ongoing training to deliver the most effective representation.

Professional Advice for Navigating Divorce in Georgia

Preparation is key to a successful divorce outcome. Experts recommend:

• Gathering all relevant financial documents
• Understanding Georgia’s custody and support laws
• Considering mediation to reduce conflict and costs
• Consulting with experienced legal counsel, especially in high-asset or complex custody cases

As highlighted in the 2025 Divorce Preparation Guide for Atlanta Residents:

“The most important step for anyone considering divorce in Georgia is to understand the difference between contested and uncontested divorce. An uncontested divorce can save significant time and money, but only if both parties are truly in agreement on all issues.” — Atlanta Family Law Attorney, 2025 Divorce Preparation Guide

Why Choose Hobson & Hobson, P.C.?

• Over 30 years of combined experience in divorce and custody cases
• Special litigation training for efficient, effective outcomes
• Focus on protecting parental rights and finances
• Empathetic, client-centered approach balanced with aggressive advocacy when needed
• Five convenient office locations in Atlanta, Canton, Marietta, Alpharetta, and Roswell

We are committed to helping you make the best legal decisions for your family’s future. Whether you are seeking an amicable resolution or need strong representation in court, our team is here to support you every step of the way.

Learn more about our services and schedule a consultation at thehobsonlawfirm.com.

Frequently Asked Questions

What are the two types of divorce most commonly discussed in Georgia?

The two main types of divorce are contested and uncontested. Contested divorces involve disputes that require court intervention, while uncontested divorces occur when both parties agree on all issues.

What kind of divorces are there in Georgia?

Georgia recognizes both fault and no-fault divorces, as well as contested and uncontested filings. This flexibility allows clients to choose the best divorce option for their situation.

What type of case is a divorce?

A divorce is a civil case filed in the Superior Court of the county where either spouse resides.

What are the benefits of mediation in a Georgia divorce?

Mediation can save time, reduce costs, and foster more amicable resolutions. It is especially beneficial in cases involving children or significant assets.

How does fault impact divorce outcomes in Georgia?

Proving fault (such as adultery or cruelty) can influence alimony awards and property division. However, most divorces in Georgia proceed on a no-fault basis for privacy and efficiency.

Additional Resources

• Georgia Legal Aid: Divorce in Georgia
• Georgia Commission on Dispute Resolution
• Georgia Department of Human Services – Child Custody
• CDC: National Marriage and Divorce Rate Trends
• thehobsonlawfirm.com

For more information or to discuss your divorce options, contact us today. At Hobson & Hobson, P.C., we are dedicated to guiding you through every type of divorce with professionalism, innovation, and unwavering support.

Sarah Hobson

Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.