UNCONTESTED DIVORCE IN GEORGIA

We understand that sometimes, despite your best efforts, marriage just doesn’t work out. It can be a difficult and emotional decision to end a marriage, and you may not want to go through the added stress and expense of a lengthy court battle. 

An uncontested divorce allows you and your spouse to come to an agreement on important matters without court intervention. This can provide a more peaceful and efficient resolution to your marriage, allowing you to move on with your life. 

What is Uncontested Divorce and How Does it Work?

Uncontested divorce means that you and your spouse agree on everything before you file anything with the court.

When a family law attorney offers uncontested divorce as a service, this means that you and your spouse have already agreed to everything. The attorney’s role is drafting all the required documents and submitting them to the court for finalization.

After the documents are drafted, it’s best for both parties to have their own attorney, review, and advise them before signing the agreement.

The uncontested divorce option typically works best when you have few assets, or your assets are very simple.

If you need advice on the best options for a complex issue, such as property division or child custody, then your divorce is not “uncontested.” If you need help putting together an agreement, then you will need to hire an attorney to give you advice to help you negotiate a settlement.

However, this does not mean you have to go through the emotionally and financially painful litigation system. At Atlanta Holistic Family Law, we specialize in alternative dispute resolution options, such as collaborative divorce and amicable divorce. That’s why we offer a free 30-minute discovery call to help you decide what option is best for your situation.

Do I Have to Go to Court for Uncontested Divorce?

Most of the time in Georgia you do not need to ever go to court for an uncontested divorce.

Your attorney has documents they can submit to the court, and the court can sign the final decree without the need for a hearing.

What if Significant Assets are Involved?

We do not recommend an uncontested divorce when there are significant assets involved. 

This doesn’t mean that your divorce needs to be drawn out and contentious. However, when there are high assets, it is especially important for your attorney to review financial documentation, verify the value of the assets, and give you guidance on the best way for your assets to be divided.

Not all assets are easily divisible. Some require a special type of order, and others require a complicated payout structure.

Often a business or a pension will need to be reviewed by a financial professional to determine value.

Skipping over these steps could lead to a settlement agreement that isn’t workable and end up costing you a lot of money eventually.

What if Minor Children Are Involved?

It is possible to have an uncontested divorce when you have minor children. You will need to have a lot of discussions with your spouse to come to an agreement on a detailed parenting plan and an exact child support number and determine which parent has final decision-making authority on all issues related to the children.

At Atlanta Holistic Family Law, we provide you with a checklist of all issues to discuss and agree on with your spouse regarding the children to have an uncontested divorce.

How Long Does an Uncontested Divorce Take?

Once you provide your attorney with all the terms of your agreement, it takes about two weeks for your attorney to draft all of the uncontested divorce documents. Then you and your spouse review the documents, sign them, and your attorney submits them to the court.

Once the documents are submitted, there’s a 31-day waiting period, after which the judge can sign the final divorce decree.

If there are minor children involved, both parties will also attend a court approved parenting class before the judge can finalize the divorce.

Do I Need a Lawyer for Uncontested Divorce?

If you have no children or assets, you may not need an attorney to finalize your uncontested divorce.

Do it yourself divorce forms can be obtained from the superior court clerk in the county where you live. If you obtain and fill out these forms, you may be able to finalize it on your own. 

If you have children or assets, it is best to have an attorney review the documents to make sure they are drafted correctly. You don’t want problems finalizing the divorce or enforcing the agreement after finalization.

How Much Does an Uncontested Divorce Cost?

The cost of an uncontested divorce varies, but you should expect to spend at least $2,000 plus the court filing fee.

Some attorneys charge less than this, but they will provide you with fewer resources to help you negotiate an agreement on your own. They will also spend less time reviewing the terms of your agreement to advise you on any “red flags.”

It is wise to hire a good, competent attorney up front. This will maximize your chances of having a solid uncontested divorce and agreement in place.

Conclusion

We understand that the process of planning for a divorce can be incredibly difficult. It can be an emotionally challenging time, filled with uncertainty and many complex decisions. 

Our team is here to support you and provide the necessary guidance and legal expertise to help get you through this. We will work closely with you to understand your unique situation and help you navigate the process in a way that is best for you and your family.

Schedule your appointment online or call 770-217-0798 to schedule a free 30-minute discovery call. We look forward to hearing from you!