Even in an uncontested divorce, you still need a divorce attorney to look over your paperwork.
Under Georgia law, an uncontested divorce happens when both spouses agree on all issues related to the divorce settlement. An attorney needs to draft the divorce settlement agreement. After the spouses have negotiated together and are in agreement on all of the terms, they can sign the final agreement and all of the supporting documents and petition the court to finalize their uncontested divorce.
Many people assume that uncontested divorces are much easier than contested divorces. While it’s true that an uncontested divorce can be less stressful because both parties are trying to agree before filing for a divorce, going through this type of divorce can still be challenging.
At Banks, Stubbs & McFarland LLP, we have helped many clients throughout the Atlanta area successfully finalize their uncontested divorces. We give all of our clients the time and individual attention they need, and we can help you finalize your divorce. Contact us today to schedule your initial consultation.
In many cases, clients will come to our office and say that they seek an uncontested divorce because both spouses agree that they are ready to get divorced. An uncontested divorce doesn’t simply mean that both parties want a divorce. Instead, this type of divorce happens when both parties have agreed regarding all of the four major issues involved in a divorce:
In many cases, spouses start off agreeing to an uncontested divorce, but they realize their divorce will be contested as time goes on. As with many aspects of life, the devil is in the details. When the party starts to discuss alimony, child support, and dividing up their assets and property, disagreements often begin to occur.
For example, the parties may agree that their three minor children should live with their mother after the divorce. However, when it comes time to discuss the details of their custody plan, they may disagree on their children’s visitation schedule. Perhaps the father would like to have physical custody of their children every weekend, and the mother would prefer a different schedule. Or, maybe the mother lives far away from the father and is unwilling to allow her minor children to travel on plane flights alone.
The fact that disputes arise during the uncontested divorce process doesn’t mean that an uncontested divorce is impossible. As long as both parties keep an open mind and are willing to resolve potential conflicts, an uncontested divorce can still be achieved. It is beneficial when the two parties have a general framework for resolving all of the issues related to their divorce before they begin the process of completing the divorce settlement agreement.
We’ve seen many cases in which both parties have tried to negotiate all matters related to their divorce entirely on their own. Engaging in the divorce process alone can be extremely challenging. Emotions are often running high when discussing issues related to divorce, even among the most level-headed individuals. It is always advisable to seek your legal counsel so you can understand all of the minor points that you’ll need to address in your divorce agreement.
Your lawyer will offer you perspective and guidance, as they have been through the uncontested divorce process many times before with their clients. Your lawyer will be able to highlight all of the remaining legal issues that you need to work out with your spouse before you proceed with the uncontested divorce. They can also offer assistance when differences between you and your spouse arise. Sometimes, having a listening ear and a third party to discuss the issues with you can be incredibly helpful.
In addition to offering guidance and support throughout the uncontested divorce process, your lawyer will be able to draft all of the necessary legal paperwork. Filing for an uncontested divorce requires that you petition a Georgia court for divorce, citing no-fault grounds for the divorce and that your marriage is irretrievably broken. While you are not required to develop a formal divorce settlement agreement, many parties address child custody issues, child support issues, property division, and other concerns.
If your spouse has hired an attorney to draft the proposed divorce settlement agreement, it is wise to hire your lawyer who will review the document and discuss any changes that need to be made. Your lawyer has a legal duty to represent your best interests.
At Banks, Stubbs & McFarland LLP, we take that duty seriously and work hard to protect our clients’ best interests throughout the uncontested divorce process.
When our clients seek to finalize an uncontested divorce, we do everything possible to help them achieve their goals. Just because you and your spouse are having difficulty resolving one issue related to your divorce doesn’t mean that you will not achieve your goal of finalizing an uncontested divorce. Individuals seeking this type of divorce often benefit from alternatives to litigation, such as mediation. The mediation process helps the parties identify their differences and work together to achieve a solution from which both parties benefit.
Many divorcing spouses are drawn to the idea of an uncontested divorce because it is often quicker and cheaper than a typical divorce that involves litigation. We recommend hiring a lawyer to help you file your divorce. You will benefit from your lawyer’s experience. You will feel more confident about your divorce after your lawyer has drafted all of the necessary legal documents and spotted any potential problems.
At Banks, Stubbs & McFarland LLP, we have helped many clients successfully finalize their uncontested divorces in and around Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. We can help you finalize negotiations with your spouse and ensure that your divorce settlement is fair and accurate. Contact us today to schedule your initial consultation.
We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. Contact our Suwanee law firm as soon as possible to learn how we advocate for your best interests.