Atlanta, GA Uncontested Divorce Lawyer

Going through a divorce can be an emotionally and practically difficult time. Spouses must untangle their legal and financial lives. If they have children, they must arrange child support and decide how they will co-parent. When spouses are on the same page about the major issues they must resolve, they could seek an uncontested divorce. This method of divorcing is faster, less expensive, and less stressful than a contested or litigated divorce.

If you and your spouse are ready to go your separate ways and agree about the critical issues you must settle, talk to a local divorce attorney. An Atlanta, Georgia uncontested divorce lawyer can explain the uncontested divorce procedure, review your documents to ensure they meet legal requirements, and provide you with support and guidance through a challenging time.

Issues to Resolve for an Uncontested Divorce

A couple who wants to divorce in Georgia must meet the residency requirements. Either spouse must have lived in the state continuously for six months before filing for divorce.

To pursue an uncontested divorce, the couple must also agree on the reason. Georgia allows spouses to file for divorce on fault-based grounds or no-fault grounds. Most couples cite irreconcilable differences when seeking an uncontested divorce.

Besides meeting residency requirements and agreeing on the grounds for divorce, a couple must also agree on several other issues. Even if both spouses believe they are on the same page, they should be prepared for days or weeks of negotiation. Couples trying for an uncontested divorce often benefit from working with a mediator to help them reach a consensus on all the relevant issues.

Property Division

Divorcing spouses must divide their marital property and debts equitably. Each individual must disclose their assets and debts to the other when negotiating property division.

If there is a valid prenuptial agreement, the agreement will control property division. If no agreement exists, the couple must decide who gets what. Everything either party acquired during the marriage is considered marital property.

Spousal Support

The Official Code of Georgia § 19-6-1 governs spousal support or alimony. The money helps the receiving spouse set up an independent household and maintain themselves if they cannot afford the same lifestyle they had when married.

If one person makes a lot more than the other, or if one person sacrificed educational or career achievements to be a caregiver, the disadvantaged spouse could have a right to support. However, unlike child support, couples can waive spousal support if the less affluent spouse does not want or need it.

Child Custody and Visitation

When children are involved, a divorcing couple must decide where the children will live most of the time and when they have time with their other parent. Courts expect the plan to be detailed, including which parent is responsible for transporting the children on which days, where the children will spend holidays, and whose home is listed as the primary residence for school registration.

Parents can split time with the children nearly equally, or one parent can have visitation on weekends or holidays. In most cases, judges want to see that both parents have opportunities to develop and maintain a meaningful relationship with all the children.

A judge will review the plan to ensure it supports the children’s best interests. An Atlanta attorney can work with the parents to help them design a plan likely to receive judicial approval and help with their desire for an uncontested divorce.

Child Support

The parent who has the children most of the time receives child support from the non-custodial parent. If the parents share custody equally, it is still common for one to owe child support to the other. Georgia’s Child Support Guidelines can help individuals calculate appropriate support. Note that parents cannot waive child support.

How Long Does an Uncontested Divorce Take?

Georgia law mandates a 31-day waiting period after a divorce complaint is served or formally acknowledged before the divorce can be finalized. This waiting period applies to both uncontested and contested divorces and gives both parties time to work on a settlement agreement. This period also allows time for the court to review the settlement agreement and ensures the decision is not rushed. If both spouses agree on all terms (like asset division and child custody), the divorce can often be finalized promptly. 

Once the 31-day period has passed and all agreements are in order, the court can proceed with finalizing the divorce decree, which can often be done without a court appearance for uncontested divorces. However, the actual time an uncontested divorce takes in practice can vary based on the specific court’s caseload and administrative processing times. A realistic timeframe for receiving a final decree is typically 45 to 90 days. 

The volume of cases and the specific judge’s schedule in your county’s Superior Court can add several weeks to the process. While an uncontested divorce means you agree on the major issues, the process of negotiating and drafting the precise legal terms in a formal agreement can take an additional 30 to 60 days. 

Delays often occur if the initial paperwork is incomplete or incorrect. Even with all paperwork in order, the judge still needs time to review the settlement agreement to ensure it is fair and, if minor children are involved, that it serves their best interests. Having an Atlanta, Georgia, uncontested divorce attorney ensure all documents, including the formal settlement agreement and any required parenting plans, are meticulously prepared can prevent setbacks in an uncontested divorce.

What Causes Uncontested Divorces to Become Contested?

Uncontested divorces typically become contested when disagreements arise over critical issues that were initially thought to be settled. A change in circumstances or a lack of clear, detailed communication can also lead to conflict. The most common cause is a breakdown in agreement on the final, legally binding terms. What one party thought was a verbal agreement might be interpreted differently when put into formal writing. 

Initial agreements on custody may fall apart when the practicalities of a detailed parenting plan are being formalized, leading to disagreements over visitation schedules, holidays, or decision-making authority. A change of mind regarding the amount or duration of support payments can quickly cause the divorce to become contested. 

While child support guidelines are often in line with state guidelines, disputes can arise over who claims which deductions, income calculations, or who pays for extra expenses like extracurricular activities or health insurance premiums. A lack of transparency is a major catalyst for conflict. If one spouse discovers that the other hid significant assets, accounts, debts, or income during the negotiation phase, the trust is broken, and the agreement is likely to be rescinded and contested. 

A lawyer is instrumental in maintaining an uncontested divorce on track and can act as your intermediary to keep communication focused on the business side of the divorce. An uncontested divorce attorney in Atlanta, GA ensures that all necessary financial disclosures are exchanged completely and accurately, and prevent issues like hidden assets from arising later. Your lawyer can ensure all paperwork and terms comply with specific Georgia laws and local county court requirements, and prevent errors or omissions that could cause delays or the rejection of the agreement by a judge.

Uncontested Divorce Procedure

Once a couple has settled all the above issues, one of the individuals can file a divorce petition. Atlanta residents would file at the Fulton County Superior Court. The spouse who files the petition is called the petitioner, and the other spouse is the respondent. The respondent can waive service of the petition, which can speed up the process and save expenses. However, it is essential to note that there is a mandatory 31-day waiting period for uncontested divorces.

Each party must file a financial declaration; if they have children, they must submit the parenting plan. The judge will review the documents and could schedule a hearing. At the hearing, the judge might ask questions to ensure each party understands the property division agreement and the parenting plan.

A Georgia uncontested divorce attorney can help a couple prepare for the hearing. Unless the judge objects to some aspect of the spouses’ agreements, which is unlikely, the judge will issue the divorce decree at the hearing or within a few days.

Trust an Atlanta, GA Attorney for Help with an Uncontested Divorce

An uncontested divorce is faster and less expensive than a litigated divorce, but that does not mean it is simple. You and your spouse must agree on many complicated matters before a judge will issue an uncontested divorce.

An Atlanta, Georgia uncontested divorce lawyer can guide your negotiations, help you write your agreements, ensure they meet legal requirements, and present them to the judge. Schedule an appointment with a qualified team member of the Atlanta Divorce Law Group today.