Alpharetta Uncontested Divorce Lawyer
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 is 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
Before you file to dissolve your marriage, you must prepare many documents. If you are seeking an uncontested divorce, you must submit 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 the judge will execute and finalize your marriage dissolution.
A judge must approve the settlement agreement before issuing the divorce decree. It is critical for spouses negotiating a settlement agreement to understand the law that governs the various aspects of dissolving a marriage. An experienced Alpharetta divorce attorney from our team can explain the law regarding uncontested divorce and review your settlement agreement before submitting it to the court.
Parenting Plans
Divorcing parents must submit a detailed parenting plan. The plan must address legal custody, which is the power to make decisions for the child on significant issues, such as education, religion, and health care. It must also address physical custody, which is how the children will split time with their parents.
The law favors arrangements that allow both parents to take an active role in their children’s development and spend significant time with them. Parents can decide on joint legal and physical custody or that one parent will have sole physical or legal custody.
Courts will review the joint parenting plan’s legal and physical custody arrangements to ensure they are in the children’s best interests. The Official Code of Georgia § 19-9-3 lists numerous factors a judge can consider when determining a child’s best interests.
Child Support
A formula determines the child support amount. It considers each parent’s income and bases the amount on their combined income and the number of children they support. Parents must contribute a proportional share of their income to support their shared children.
Most parents will make some adjustments, called deviations, to the formula amount. Some deviations are mandatory, and others are at the court’s discretion. Parents should ask an experienced divorce attorney to review their child support calculations and advise them about any deviations applicable to their case.
Property Division
Divorcing couples must divide their marital property fairly, but the split does not need to be equal. A couple’s marital property is everything they acquired individually or as a couple during the marriage. Anything you owned on your wedding day remains your separate property unless it was treated as marital property during the marriage.
In an uncontested divorce, a judge will likely accept a couple’s agreement on property division. However, the judge may want to question your understanding of the agreement if it disproportionately favors one spouse.
Spousal Support
The Official Code of Georgia § 19-6-1 governs alimony, often called spousal support. Spousal support is not mandatory. A couple’s separation agreement must either describe their arrangement for spousal support or state that they waive it.
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, a lawyer from our team can explain the 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 is filed under more than one ground for divorce, including or not including irreconcilable differences. So, they’re not the same but often overlap. In practice, citing a fault-based ground is counterproductive when filing for an uncontested divorce because it requires proof. Rather than cite more than one ground, which could complicate and delay the process, you should cite irreconcilable differences as the sole ground for divorce if you and your spouse seek an uncontested divorce.
What Must Occur for an Uncontested Divorce To Become a Contested Divorce?
Any divorce filed before the couple has agreed on all pertinent issues is a contested divorce. In an uncontested divorce, lawyers for the Alpharetta couple must submit a settlement agreement with the paperwork requesting a divorce.
If either party backs out of the agreement before the court issues a divorce decree, 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
Alpharetta couples in uncontested divorces must have everything agreed upon and executed before they file, so your attorney may recommend utilizing a mediator to help develop the settlement agreement before filing for divorce.
Sometimes when a couple files an uncontested divorce, one spouse reconsiders one or more terms during the 30-day waiting period, and it becomes a contested divorce. When they can agree on most things but an outstanding item is unresolved, they may turn to mediation, arbitration, and litigation.
Mediation is required before a final hearing in a contested divorce and allows a divorcing couple to mediate the issues they cannot agree upon. Arbitration is common in contested divorces, for example, when spouses cannot agree on matters involving personal property. They can agree to have an arbitrator determine those limited issues. Litigation is the final option in cases where a judge must decide on any remaining issues.
Contact an Attorney in Alpharetta For Assistance With an Uncontested Divorce
If you are preparing to file for an uncontested divorce, 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 and make sure the process goes as smoothly as possible. Call our firm’s intake team today to learn more.
