Uncontested Divorce FAQs

What is an uncontested divorce?

An uncontested divorce in Georgia is a divorce where the parties agree on the terms before filing the case in court. The parties need to agree on the division of assets and debts and spousal support. If there are children, the parties need to agree on custody and child support as well.

The parties will sign documents detailing their agreement. Then their uncontested divorce lawyer will file the case in court. Parties do not have to be in agreement before contacting an uncontested divorce attorney. An uncontested divorce attorney can help the parties reach an agreement.

How long does an uncontested divorce take?

An uncontested divorce in Georgia can take as a little as two months (but it can also take a lot longer). The timeline depends on how quickly the parties reach an agreement. If the parties are already in agreement when they contact an uncontested divorce lawyer, then it will only take a few weeks to draft and sign the agreement. But if the parties need help negotiating an agreement, that process will take longer.

Regardless, one the parties have signed an agreement, the case will be filed in court. After the case is filed, there is a 30-day waiting period before the judge can grant the divorce.

How much does an uncontested divorce cost?

The cost of an uncontested divorce in Georgia varies. The biggest factor will be how close to an agreement the parties are. Other factors include whether the parties have children and what county the case is in.

Parties should look for a flat-fee uncontested divorce attorney as opposed to an hourly one. A flat-fee uncontested divorce lawyer will give them a fixed fee for their case so the cost is predictable.

How is an uncontested divorce different from mediation?

Mediation is a tool used in both contested and uncontested divorces in Georgia. In an uncontested divorce, mediation will be used to help the parties reach an agreement before the case is filed in court. Mediation involves the parties and their uncontested divorce lawyers getting together with a mediator, who is neutral between the parties.

The mediator helps the parties come to an agreement with the guidance of their uncontested divorce lawyers. Mediation is not required for an uncontested divorce in Georgia. If the parties are able to reach an agreement without mediation, they can proceed with an uncontested divorce.

Will I have to go to court for an uncontested divorce?

You probably will not have to go to court for an uncontested divorce in Georgia. Your uncontested divorce attorney can file paperwork asking the judge to approve the divorce without the parties appearing in court.

However, some judges do require the parties to appear in court before they will grant the divorce. This appearance could be virtual or in person. A judge is more likely to require a court appearance in an uncontested divorce in Georgia if there are children involved.

What are the benefits of an uncontested divorce?

The biggest benefits of an uncontested divorce in Georgia are saving time, money, and stress. An uncontested divorce is still a complex legal process, but it is less complicated than a contested divorce. An uncontested divorce attorney needs to do less work to complete an uncontested divorce than a contested one.

Because the uncontested divorce process is less complicated, it is typically shorter and costs less money than a contested divorce.

What if my spouse doesn’t agree to an uncontested divorce?

If your spouse does not agree to an uncontested divorce in Georgia, then you have the option to file a contested divorce. However, just because your spouse does not agree to all your terms, does not mean your divorce has to become contested.

All your spouse needs to agree to at the start is to be willing to talk about terms outside of court. An uncontested divorce lawyer can help you negotiate an agreement with your spouse so that your divorce can be uncontested.

Get Help with the Divorce Process

Divorce, whether contested or uncontested is stressful. There are so many decisions to make, emotions to consider, and financial issues to resolve. Having an attorney who truly cares about you is crucial. Porchlight will hold your hand and guide you every step of the way.

Contact us today for your Legal Clarity Session. We look forward to serving you.

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