An uncontested divorce is a divorce where both parties have reached an agreement and settled all of the issues. So, all of the issues would include dividing up the assets; dividing up the debts; figuring out custody, visitation, and child support; if there will be any alimony; and how they will play the attorney's fees and the court cost.
If they can reach an agreement on all of those issues, then the way it's done in my office is that they would bring that information to me, I would draft all of the paperwork for them, and they would come in and review and sign the documents.
Once everything is signed and notarized, then we would file it with the court. In Georgia, you have to do the e-filing for divorces.
Then I would mark 30 days out on my calendar. On the 31st day, I would file something that tells the judge that he or she can look at the documents. As long as all of the documents are in order, the judge generally grants a divorce without either party having to go to court.
In some circuits, they do require that both parties take a parenting class. In that situation, I do ask that all of that be done before I file that motion with the court on the 31st day.
There are advantages to an uncontested divorce. First of all, the agreement is something that the two of you have decided or reached an agreement on. So, it's something that you can live with and not something that's forced on you. Second, it's usually faster and it's usually less expensive. One attorney can do it for both parties. The party that's not being represented by the attorney doing the drafting always has the option of taking all of the documents to an attorney of their choosing just to have everything reviewed. But if there's nothing on the documents that causes any concerns, you can certainly both use the same attorney. Although the attorney represents the person that came to them and signed the contract. But it's faster, it's more efficient, less expensive and it is done amicably.
I hope this helped give you some information on the process for an uncontested divorce. If you know someone that could use this information, please share. If you'd like more information, please subscribe to my YouTube channel..
Nedra K. Howard
Nedra has represented clients in matters relating to divorce, separate maintenance, child custody and support, family violence protective orders, adoption, prenuptial agreements, business disputes and litigation, personal injury, property damage, and wills.
John B. MIller & Associates, P.C.
16 Eastbrook Bend, Suite 201
Peachtree City, GA 30269
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770 - 863 - 8355