Cherokee County Uncontested Divorce Lawyer
Ending a marriage can be turbulent, but if you and your spouse agree on all vital issues, this process may be easier. In an uncontested divorce, the spouses are on the same page about all aspects of the split. While an uncontested divorce can streamline the process, it is still a good idea to have the guidance of an experienced divorce attorney to ensure your best interests are protected.
A Cherokee County uncontested divorce lawyer from our firm would be happy to meet with you to discuss your situation. Deciding on issues like child support, custody, spousal maintenance, property division, and other matters can feel overwhelming and unfamiliar. Our compassionate firm respects your journey and is here to help guide you in the right direction.
When Is an Uncontested Divorce Appropriate?
An uncontested divorce may make sense if you and your spouse do not have any disagreements over the terms of the split. For example, you both agree about who should have primary physical custody of the children and what visitation looks like. Likewise, you have come to an understanding about dividing assets (e.g., bank accounts, house, and cars) and alimony.
You also need to be on the same page about why the marriage is ending. In most situations, this means you are pursuing a no-fault basis for the divorce (e.g., irretrievable breakdown of the marriage). If you disagree about why the divorce should happen (or whether it should happen), the proceedings may become contested.
While an uncontested divorce can often make the divorce process quicker, there are some circumstances where this is not a possibility. A Cherokee County lawyer who regularly handles uncontested divorce cases can help you understand what would work best in your situation.
How Do You File for an Uncontested Divorce?
To file for an uncontested divorce, you first need to prove that you meet the residency requirements. This gives the Cherokee County courts authority over the legal proceedings. The Official Code of Georgia Annotated § 19-5-2 requires one of the spouses to be a bona fide resident of Cherokee County for at least six months before the proceeding begins.
The filing spouse also needs to prepare a petition for dissolution of marriage and file it with the appropriate court. Under O.C.G.A. 19-5-5, some information the petition should have in it includes:
- The names and addresses of both spouses;
- When the spouses got married;
- The date when the spouses separated;
- The reason for the divorce;
- Whether the spouses have any children together.
For an uncontested divorce, you and your spouse would also need to have a settlement agreement. This document addresses the important legal issues in the proceeding, such as child support and custody. A Cherokee County lawyer can help you prepare and negotiate a fair uncontested divorce settlement contract.
Call an Uncontested Divorce Attorney in Cherokee County for Assistance
If you and your spouse believe ending the marriage is necessary and agree to the terms, an uncontested divorce may be possible. Even though you and your spouse may not have any conflicts about the dissolution proceeding, it may still be best to work with an attorney. Our team can help you identify potential legal issues you may have overlooked and help you to amicably resolve those.
Our seasoned family law firm is a guiding force for many throughout the divorce process. We understand what you may be going through and can help prepare you for the next steps. Contact a Cherokee County uncontested divorce lawyer on our team to schedule a consultation.
