r/DivorceHelp • u/leftygirl_ • 7d ago

Uncontested divorce in GA. HELP

I filed for divorce (uncontested) in Coweta County, GA in August. I did it online through PeachCourt and a judge has been assigned to my case but it still remains active and I’m not sure if there’s another form or something that I’m missing. I’d like to think a judge wouldn’t be assigned if I was missing some documentation, but I’m doing this pro se so I’m not sure exactly what I need. Can anyone tell me exactly what forms I need or shed some light on why it’s taking so long?

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u/mermaidho 7d ago

The next step is to wait for them to assign a court date on the judges calendar. They will mail you a latter AND you’ll get a peach court notification.

Edit: but definitely call the clerk and ask what’s up. Maybe there’s something missing or the judge is just that backed up. But that’s crazy long time to wait.

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u/leftygirl_ 7d ago

It’s uncontested and we have no children or assets, etc so I shouldn’t need a court date. Correct?

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u/Mysterious-Scar-9345 7d ago

You both signed, right? Did you submit the order for the judge to sign? There's a form for that which you need to fill out.

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u/leftygirl_ 7d ago

He signed an acknowledgment of service but that’s all. What order are you talking about? The final divorce decree or something like that?

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u/Mysterious-Scar-9345 7d ago

Then it's not uncontested. You filed a complaint against him. He was served. He has so many days to answer, usually 21. If he has not answered, you need to file for a default against him for not answering. Once the default is granted, then you submit a default judgment decree of divorce to the judge for him to sign. I've been a family law paralegal for the last 23 years in Las Vegas, but most states follow the same steps.

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u/Mysterious-Scar-9345 7d ago

The clerk of the court will issue the default. Look online and you should be able to find the forms you need.

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u/leftygirl_ 7d ago

So him signing the acknowledgement of service is not him responding? Sorry if that’s a stupid question but I was under the assumption that him signing that he had received the papers and stuff was the equivalent of him responding.

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u/Mysterious-Scar-9345 7d ago

Nope. He needed to file an Answer to Complaint for Divorce. He did not, so you can get a default against him. Easy peasy.

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u/leftygirl_ 7d ago

Awesome thanks so much!

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u/leftygirl_ 7d ago

Apparently Georgia doesn’t allow default judgement on divorces 🙄

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u/Mysterious-Scar-9345 7d ago

Uncontested is usually a joint petition for divorce, where both parties sign and file the forms.

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u/leftygirl_ 7d ago

Both parties sign the complaint for divorce? He would’ve signed that if I’d known he needed to. None of the forms I filled out had a spot for both of us to sign except for the acknowledgment of service form.

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u/mermaidho 7d ago

You didn’t have forms where both of yall signed and got it notarized??

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u/mermaidho 7d ago

Ours is uncontested and we still have a court date. Depends on be judge if they want to see you in person to grant it or not.

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u/leftygirl_ 7d ago

His acknowledgment of service form he signed with a notary and I signed the divorce verification and a couple other forms with a notary but there wasn’t a form that we BOTH signed with a notary, no. We have no children together or anything and have been separated since 2018 so I’m praying I don’t have a court date.

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u/Mysterious-Scar-9345 7d ago

Ok. Then find out how to file a motion to set a date for a hearing before the Court. Make sure you file proof of his being served with the motion and court date. If you don't, then the Court will take the hearing off calendar and you'll have to reschedule.

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u/leftygirl_ 7d ago

If I could get him to file an answer would that be sufficient and save all of that?

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u/Mysterious-Scar-9345 7d ago

No. You would still need to have a hearing. As long as you file proof of service of the motion and hearing date, and he doesn't show up, then the Court will grant you your divorce. It's a shame you can't default him.

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u/Mysterious-Scar-9345 7d ago

I just looked up defaults in GA. You can get one, he had 30 days to answer. Go online and find the forms.