An uncontested divorce is when a both parties are seeking a divorce and are in total agreement on all issues of the divorce. Issues of a divorce can include, but not be limited to: child custody, child support, asset and property division, alimony, and debt allocation. If any of the terms of the divorce are not agreed upon the case is considered to be contested.
What are the Advantages of an Uncontested Divorce?
Many couples choose to take the route of an uncontested divorce to dissolve their marriage rather than arguing over the terms of their divorce. Uncontested divorce is inexpensive compared to the legal fees and frustration associated with a contested divorce. It allows couples to end their marriage quickly and amicably. Couples that choose uncontested divorce are allowed the chance to resolve matters with dignity and in the best interest of all parties.
As if divorce is not stressful enough for each party; meeting with attorneys, mediators, and in courtrooms can only heighten the amount of stress and frustration for the parties. Uncontested divorce is a much lower stress than that of a contested case. It keeps the matter low in conflict as well as private between the parties. All of the papers are completed at once rather than motions and pleadings being filed back and forth by both of the parties, another reason that uncontested divorce is also a faster route.
What is the Process of an Uncontested Divorce?
The process of an uncontested divorce is rather simple in hindsight. Once the parties agree that divorce is the option they want to take. The next step is whether or not each of the parties is in agreement to the terms of the divorce. Once the terms of the divorce are met and in agreement there are a few options:
- The parties draft documents and file a case pro se, meaning on ones behalf. This option opens the parties up to possible delays with the court or errors in the documents. Hiring an attorney to draft the documents for you allows legal representation of what is in your best interest as well as ensuring the documents do not have any stipulations that may limit your rights.
- One of the parties can hire an attorney to draft pro se papers. This is the most popular option for divorce cases. The Plaintiff meets with an attorney and decides if uncontested divorce and the terms are reasonable for the party. Some couples meet with an attorney together, but it must be advised that only one party can hire the attorney and seek legal advice from said attorney. It is not uncommon for the Defendant to seek legal counsel elsewhere before signing the terms of the divorce.
- One of the parties hires an attorney to draft uncontested papers and represent said party. In the case that an attorney represents the Plaintiff the case can still be uncontested, but correspondence with the court and possible hearings will be completed by the attorney hired on behalf of the Plaintiff. Once again, it is not uncommon for the other party to seek legal advice and review the documents before signing the uncontested papers.
Once the papers have been drafted they are required to be signed and notarized by both parties. No, you do not have to go together to have the papers signed and notarized.
After the papers have been signed and notarized by each party they must be filed with the Clerk of Superior Court. This is when the filing fee is required to be paid in full.
Your divorce case will then be granted at least 31 days after the case has been filed. A hearing may be called depending on the county of your divorce. The Plaintiff, or Plaintiff’s attorney, will be required to attend the hearing if one is required by the court. If you have not received a divorce at least 45 days after the divorce has been filed you can request a hearing with the court in order to have the divorce granted.
What are the Costs of an Uncontested Divorce?
Uncontested divorce is the inexpensive route when comparing the costs of a divorce. Typically attorneys will charge a fee for documents on behalf of the Plaintiff. The retainer for an attorney may vary based on the complexity of ones documents as well as whether or not the party chooses to be represented or pro se. Upon filing the documents with the court the Plaintiff will be charged a filing fee. The filing fee for the court varies by county, so you should check with your county where the case is to be filed. Filing fees are available online or you can contact the Clerk of Superior Court for information on filing fees. Depending on the agreement with your spouse, some parties will agree to split the financial cost of the divorce papers and/or filing fee.
If you are facing divorce in the Cumming Georgia area, and you have questions about the process for uncontested divorces, call us at 770-408-0477 to speak with one of our experienced uncontested divorce attorneys.
