Fast and Peaceful Resolution
An uncontested divorce in Georgia means that you and your spouse are seeking a fast and peaceful resolution. An uncontested divorce is appropriate when you and your spouse have been, or will be, able to agree on all of the details of the divorce. Full agreement between you and your spouse can help reduce the anger, stress, and frustration that divorce creates. If you and your spouse have minor children, it can reduce the stress and uncertainty in their lives as well.
Uncontested Divorce has many advantages
The thought of divorce alone can create great stress and anxiety even without setting foot in a courthouse. An uncontested divorce allows you and your spouse to reach an agreement and to resolve the divorce as amicably as possible. It will dramatically lower the uncertainty in the process and can resolve the issues relatively quickly and without the need for an expensive trial and litigation process.
If you and your spouse are able to reach an agreement an uncontested divorce can allow you to avoid wasting money, time, and the emotional stress of fighting against each other. You may be able to reduce the costs associated with the litigation process by simply keeping your relationship amicable and agreeable where possible.
The Uncontested Divorce Issues
The uncontested divorce procedure is the right alternative for you if you and your spouse can agree upon the following points:
- How property will be divided;
- How debts will be divided;
- Who will have primary custody of your children;
- How much child support is to be paid; and
- Whether alimony is to be paid.
Please call us today at 404-969-4505 if you have any questions about meeting an agreement with your spouse on these details. We are happy to meet with you for a free consultation.
Use these quick links to find answers to common questions on uncontested divorce >>
How do I know if my divorce will be uncontested? | How long will an uncontested divorce take?
Do you charge a single flat rate for uncontested divorces? | Do I need an attorney for this?
Complexity to Prepare | Is a Trial Required? | How will an uncontested divorce affect my kids?
If there is a complete agreement between you and your spouse, your divorce may be uncontested. It is important that you and your spouse are able to work out every last detail. You should consider: How will your property be divided? Who will have custody of your children and how will you organize parenting time? Who will pay the attorney's fees and court costs for the divorce?
If you believe you are close to an agreement, but not quite there, there is still hope. Commonly, even a "contested" divorce is resolved without a full-fledged trial. With extensive knowledge of the law, we may be able to assist you in reaching a settlement with your spouse prior to initiating contested litigation.
Georgia law provides that a divorce may be obtained in a minimum of 31 days from the date of filing. However, it may be necessary to spend additional time working out the finer details of the agreement. The process will also take slightly longer if you have minor children. We are typically able to complete uncontested divorces, including the drafting and filing of all required paperwork and receipt of a final order in 8-10 weeks.
We use a flat rate to bill for your uncontested divorce. This means that you pay a one-time fee without any surprise invoice at the end of the case. You should know from the first conversation exactly how much your divorce will cost. The cost includes handling your real-estate and personal property as well as straightforward disposition of money and financial instruments. If there are children we will draft a parenting plan based upon what you believe is the best solution for your children and provide a visitation schedule(s) that work best for you and your spouse. In an uncontested divorce we can add tremendous value by ensuring your divorce and settlement agreements are right the first time and avoid the need for multiple filings and/or repeated court appearances or worse.
You are not required to have an attorney to represent you in your divorce; however your divorce decree will determine the custody, visitation, and support of your children and the division of all of your marital property. By working with an attorney on your divorce, you can rest assured that you will not overlook any forms, and you will not attend an unfamiliar court hearing by yourself. An experienced attorney shoulders the task of dotting all the I's and crossing all the T's in your extensive divorce paperwork. Furthermore, a good settlement agreement minimizes the chances that you will have to return to court in the future due to a dispute with your ex-spouse. We will offer you our sound advice and we will take these burdens off your shoulders.
The forms can be complicated, but we are here to work through them with you and we will draft and complete the vast majority of them for you. We will help you through every form, so you need not be concerned. Each uncontested divorce is unique and we expect to guide you through the process. Bear in mind that helping people through this process is all we do, day in and day out. We understand the process, we understand the paperwork and we are here to help you.
One of the primary purposes of an uncontested divorce is to keep the parties out of the court. Over 85% of our uncontested cases do not require a court hearing. In those cases the Judge will permit us to submit a motion requesting a final decree of divorce rather than having to appear in court. We will receive your final order from the Judge's office for you. If the Judge assigned to your case requires a hearing we will make all the necessary arrangements and will appear with you for a straightforward hearing that usually lasts just a few minutes. If you do have a hearing the Judge will typically ask you to confirm the facts are true and accurate and then issue a final order at that time.
In our experience, an uncontested divorce is easier on your children as well. The plan that we draft together will be particular to your situation with respect to custody and visitation arrangements. With a custody arrangement tailored to your needs, your children are better equipped to adapt to the change. Because the specifics of your custodial arrangement are agreed upon by you, not imposed by a judge, you and your spouse are more likely to adhere to it, providing stability for the children.