Birmingham, AL asked in Divorce and Family Law for Georgia

Q: Me nor my wife have custody of our kids. Can we file an uncontested divorce without minor children?

The kids grandparents have custody of them. We both want a divorce, can we divorce without including the children in the matter?

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2 Lawyer Answers
T. Augustus Claus
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A: Yes, you and your wife can file an uncontested divorce without minor children in Georgia, even if your children are not in your custody. This is because the focus of an uncontested divorce is on dissolving the marital relationship, not on child custody or support.

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Ellaretha Coleman
Ellaretha Coleman
  • Atlanta, GA
  • Licensed in Georgia

A: If there are children of the marriage, the children have to be addressed in the divorce case. Georgia does not provide bifurcated divorce, meaning, the court can not decide the divorce without also addressing the children of the marriage. If someone else had legal custody of the minor children, then custody may be address by a reference to those other orders granting custody to a third party.

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