An uncontested divorce is where both parties have already worked out the division of assets, alimony, child support, and child custody before going to court. When you and your ex agree to end your marriage, it’s a good idea to try to get an uncontested divorce and negotiate all of the terms before you file.

One of our steadfast divorce attorneys can assist you in dissolving your marriage with a pre-signed agreement. Work with an Alpharetta uncontested divorce lawyer for assistance with making the most of this legal process.

Processes Involved in Uncontested Divorce Cases in Alpharetta

Before you file to dissolve your marriage, you need to prepare a multitude of documents, including a settlement agreement, child support worksheet, child support addendum, a parenting plan, and a final judgment for your divorce. You and your ex must agree on the terms of all those documents and sign them. After that, you can file an uncontested divorce and begin the mandatory waiting period of 31 days, after which you may submit everything for the judge to execute and finalize your marriage dissolution.

Is an Uncontested Divorce the Same as Filing Irreconcilable Differences?

An uncontested divorce is not the same as filing for divorce based on irreconcilable differences. While most uncontested divorces in Alpharetta are filed on the grounds of irreconcilable differences, there are different classifications. There are many grounds for divorce, including adultery and habitual intoxication, and irreconcilable differences is just one of those grounds.

Uncontested divorces are filed by agreement. So, theoretically, you can have an uncontested divorce that’s filed under more than one ground for divorce, including or not including irreconcilable differences. So, they’re not the same but often overlap.

What Must Occur for an Uncontested Divorce to Become a Contested Divorce?

When either party starts disagreeing about things, the case becomes a contested divorce. This can extend the process and increase court costs for both parties. For this reason, it is more advantageous to work out your marital issues before coming to court

The Role of Mediation, Arbitration, and Litigation

In an uncontested divorce, mediation, arbitration, and litigation play very insignificant roles. Alpharetta couples in uncontested divorces typically have everything agreed upon and executed before they file the case.

Sometimes when a couple files an uncontested divorce, they reach an impasse on one or more terms during the 30-day waiting period, and it becomes a contested divorce. When they can agree on most things but can’t tie up the last lose end, that’s where mediation, arbitration, and litigation are going to be useful.

Mediation is required before a final hearing and allows a divorcing couple to mediate the limited issues that they can’t agree upon. Arbitration is more common in uncontested divorces where spouses can’t agree on issues involving personal property, for example. They can agree to have an arbitrator determine those limited issues. Litigation comes last if they need a judge to make the final decision on those smaller inquiries they can’t agree upon.

Contact an Alpharetta Uncontested Divorce Attorney

If you are preparing to file for an uncontested divorce, be sure to review your documents with a qualified attorney before bringing them to a local family court. An Alpharetta uncontested divorce lawyer on our team can offer guidance on the procedural requirements for dissolving a marriage in this context and make sure the process goes as smoothly as possible. Call our firm’s intake team today to learn more.

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