Whenever you have to end your marriage, it’s understandable you might feel stressed. You’ll have questions about your family’s future. But there may be an option for a relatively painless divorce, provided both spouses agree on all of the aspects of the divorce agreement. You could seek an uncontested divorce.
Getting a divorce in Georgia can be complicated, so finding the right divorce attorney to help you through the process is the best way to give you peace of mind. The family lawyers at the Gentry Law Firm, LLC, are prepared to hear your story and help guide you to a fair divorce settlement. We understand you’re working to help your family through this time. We’re here to support you and your family’s future.
What Is an Uncontested Divorce?
In a divorce, you will be deciding how post-divorce life will look for you and your family, and it also directs how you and your ex will care for things once the divorce is settled. Essentially, you need to decide matters relating to alimony, child support, child custody, and property division. If neither party can agree on these matters, you’ll proceed with a contested divorce.
However, if you both agree that the marriage should end and you can create terms both parties accept, you can proceed with an uncontested divorce. This kind of divorce is typically cheaper, quicker, and less painful than a contested divorce, where every aspect of the separation needs to be negotiated.
Finding Grounds for Divorce
When you’re applying for a divorce, you must provide a reason why you’re seeking to end your marriage. These are called “grounds for divorce,” and these reasons can vary. In an uncontested divorce, both parties must agree on the reasons for the divorce; the most common reason is the marriage is “irretrievably broken.”
There may be other reasons, but you must be able to prove them. If either spouse disputes these grounds, your divorce will be contested, and you’ll have to go to court.
Agreeing on a Divorce Settlement in Georgia
Before your divorce can be finalized, you must answer the questions of custody, support, and property division. If you can’t decide these matters, you’ll have to attend either mediation or take your case to trial with the support of your attorney.
- Spousal Support: you’ll need to determine if either spouse qualifies for alimony (spousal support). An attorney will typically calculate this for you. You must decide if one spouse will receive spousal support, the amount paid, and for how long this support will last. It could be a temporary arrangement or for life.
- Child Custody: if you have children, you must decide who will have physical and legal custody over them. Physical custody refers to where the children will live and who will take care of everyday needs. Legal custody refers to how they will be raised, making decisions about the children’s education, medical care, or religious upbringing.
- Child Support: if you have children, you’ll have to decide child support. These payments are usually made to the parent with primary custody. There’s a formula set by Georgia law and overseen by the Georgia Child Support Commission. You can alter the payment amounts if both spouses agree and a judge approves.
- Division of Property: part of divorce proceedings includes dividing the marital property accumulated during the marriage. This can be a contentious step because the division isn’t 50-50 down the middle, but rather an “equitable” split. You’ll need to find a fair way to distribute the property you and your spouse gained during the marriage.
You and your spouse agreeing that you both want a divorce is just the first step to ending a marriage. For an uncontested divorce, you’ll both need to discuss all these matters and come to an agreement. Your family law attorney can direct you through the steps of reaching suitable arrangements with your soon-to-be-ex and ensuring you have them in writing.
Uncontested Divorce FAQs
How Will We Create a Divorce Settlement Agreement?
It’s rare for married couples to agree on everything. When spouses are considering divorce, it’s not surprising they might disagree. To achieve an uncontested divorce, you need to find an equitable arrangement for your issues. You may need outside help to lead these talks, like an arbitrator or mediator. Your attorney can explain how these talks will go.
How Much Does an Uncontested Divorce Cost?
Each divorce will be different, but ultimately, the amount of legal help or time in the courtroom you spend will affect the cost of your divorce. You’ll need to pay court filing fees, pay your attorney, and you may have some other fees involved if you hire any experts or mediators.
Will I Need to Go to Court for My Uncontested Divorce?
It will depend on the court rules for the county you’re applying for divorce. Some Georgia counties don’t require you to attend a final hearing, but others do. Your attorney can help you determine if you need to appear in court.
Should I Hire a Divorce Lawyer?
Even when spouses agree they should end their marriage, they may not agree on everything that goes into that decision. You’re going to need to resolve your custody, support, and property division disputes before you can apply for an uncontested divorce. A divorce lawyer can help you organize your documents, establish your evidence, and help you negotiate the terms of your divorce settlement.
Hiring an attorney who cares about you and your family can improve your life down the road.
Get Help with Your Divorce Today
Uncontested divorces take less time than contested divorces. If you and your spouse agree that your marriage should end, how to divide your shared assets and debts, and what any custody and support payments might look at, you can work on an uncontested divorce together to allow your life to move forward. The attorneys with The Gentry Law Firm, LLC, can help you keep the process simple. We understand how stressful a divorce can be.
We have helped countless clients with their divorces, and we are familiar with Georgia’s divorce laws. We approach each case with a unique solution; you’re not just another case number. We want you to get the outcome you deserve in your divorce so you can breathe easier.