What Is a Georgia Uncontested Divorce?
An uncontested divorce means that the spouses are able to agree on the major issues involved in getting divorced, including;
- how they will share parenting time and parenting responsibilities
- the amount and duration of any child support
- the amount and duration of any spousal support
- the division of all property, and
- the division of all debt.
If they are able to reach an agreement, the couple can often file paperwork without any court appearances, and as soon as the required time period has elapsed, the divorce will be final. Not every uncontested divorce is the same, and not every uncontested divorce runs smoothly. The process is simplest when a couple has no minor children and few assets, including no real property. It also works best if each spouse is self-supporting or clearly capable of easily becoming self-supporting. Georgia does have simplified procedures available for couples in this type of situation. However, many people still find it necessary to use an attorney for an uncontested divorce in Georgia to avoid having multiple court hearings and rejected divorce documents and agreements. Also, such procedures are strictly limited – and are available only for marriages that were relatively brief (less than five years), with no minor children, no assets and no other outstanding issues in the divorce paperwork filed with the court.
Do I need to live in Georgia to get a divorce here?
Yes, one spouse must be living in Georgia and must have lived there for at least six (6) months.
Does Georgia have fault and no-fault divorces?
Yes, one spouse can allege that the other spouse caused the breakdown of the marriage. Some fault grounds for divorce include adultery, desertion, mental incapacity at the time of marriage, marriage between people too closely related, impotency at the time of marriage, force or fraud in obtaining the marriage, conviction and imprisonment for certain crimes, mental or physical cruel treatment, habitual intoxication or drug addiction, and mental illness. To obtain a “no-fault” divorce, one spouse must simply state a belief that the marriage is over, or irretrievably broken. The vast majority of uncontested divorces in Georgia are “no-fault” divorces.
Do I Need an Attorney in an Uncontested Divorce?
No. While a couple who has not been married long and has no minor children to care for and few assets to divide may be able to complete their divorce without either spouse hiring an attorney, but in most cases will still have to go to court to finalize their case. With the aid of an experienced attorney, the process can frequently be simplified and made faster – and without the necessity of a court hearing.
Couples with more complex situations may also proceed without attorneys, but with much greater caution, as one or both parties could be giving up substantial legal rights. A couple in this situation must understand that an attorney can only represent one party, and the party who is not represented could therefore be at a significant legal disadvantage. In most cases, unless the unrepresented spouse has an excellent understanding of the law, it’s a good idea for that spouse to hire an attorney to review the paperwork before the divorce is finalized.
As a disclaimer, We have to recommend using an attorney in all divorce cases. This is because of the number of phone calls and consultations we have where divorce cases are either stalled in the court or one of the parties has serious regrets for mistakes they made in their divorce settlement agreement. Most of these problems could have been avoided by at least one of the parties using a competent, caring and experienced attorney.
Can a Couple that has Children and a Good Amount of Assets be able to have an Uncontested Divorce?
Couples with minor children or substantial assets will generally be able to proceed through an uncontested divorce if they are able to agree on all of the major issues listed above. A couple that has minor disagreements in one or two areas may still be able to avoid a contested divorce in court, but they will need to negotiate with each other until they have reached complete agreement. If they are able to communicate well, they may be able to negotiate directly. However, in our experience it is best to consult with an attorney before making any final decisions in a divorce case involving assets.
How long will it take for my uncontested divorce to be finalized?
It depends on whether your divorce is complicated or simple, based in large part on how you and your spouse interact. The more the two of you can agree on, the easier and less costly it will be. If you reach an agreement on all issues the divorce could be finalized pretty early. However, if you take your disagreements to trial, the divorce won’t be final for months or even years. But once an uncontested divorce is filed or a settlement agreement is reached in a contested divorce – a divorce can usually be finalized within 30 to 60 days. This is relatively fast as compared to many other legal proceedings.
If you are facing divorce, and want to avoid the pitfalls of not using an attorney – call us at 770-609-1247 to discuss how we can best assist you.
