Couples who are able to set aside their contentious emotions and reach fair and compromising solutions can file for an uncontested divorce.

However, even when the parties agree on how to resolve all major issues, it is still wise for each spouse to have their own attorney review their agreements. If a judge finds that one or more of a couple’s agreements does not exactly conform to all legal requirements, they might refuse to grant the divorce and treat the case as a contested divorce.

You can minimize the risk of contention by seeking the services of a Cumming uncontested divorce lawyer. Let a local divorce attorney put your agreements into the proper form that will withstand legal scrutiny and allow you to move forward with your separate lives as soon as possible.

Process for Uncontested Divorce Cases

The parties in an uncontested divorce do the work of unraveling their marriage before filing any papers with the court. According to Official Code of Georgia Annotated §19-5-1, once the couple has resolved all issues, the judge reviews the agreements they drafted and grants the divorce if the documents are fair and enforceable.

The documents required to support a petition for an uncontested divorce vary depending on your circumstances. For example, couples with minor children will need to submit agreements regarding:

  • Physical custody, meaning the amount of time the child spends in each parent’s home;
  • Legal custody, which is the right to make decisions about the child’s medical care, religious upbringing, education, and extracurricular activities;
  • Visitation rights for the non-custodial parent; and,
  • Child support payments, which cannot be waived under Georgia law.

While you can submit agreements with your spouse regarding these items, a judge has the final say on all matters regarding the care and well-being of any children involved in an uncontested divorce.

A couple may need to file many other documents with an application for an uncontested divorce. Depending on your circumstances, your submission may need to include financial affidavits, an agreement about the division of property, alimony, and a Petition that states the grounds for dissolving the marriage and which affirms that you are eligible to seek a divorce in Forsyth County, among other documents. Working with an attorney in Cumming before filing for an uncontested divorce at the Forsyth County Superior Court in Cumming is a prudent step to ensure your Petition for Divorce is complete and meets all relevant legal requirements.

Common Errors that Cause an Uncontested Divorce to Become Contested

Even when a couple is committed to filing an uncontested divorce and makes good progress agreeing on the central issues in their divorce, there might be one sticking point that prevents them from going forward. Sometimes, a spouse decides at the last minute that they cannot sign one or more of the documents in their uncontested divorce filing, causing it to become a contested divorce.

Problems could arise if the agreements you developed are inadequate in some way. In that case, the judge could decline to grant your request for divorce, and you would need to proceed with a contested divorce, even though you and your ex agree on the major issues.

An attorney serving the Cumming area can work with you to negotiate your uncontested divorce agreements and address any hesitancy you or your spouse may be experiencing. Our team of legal professionals can also prepare the necessary documents to help ensure that they meet the court’s requirements. This will reduce the possibility of a judge refusing to grant the uncontested divorce.

Let an Attorney Guide You through Uncontested Divorce Process in Cumming

Divorcing couples sometimes believe that bringing an attorney into an uncontested divorce will increase the expense, extend the time it takes for the divorce to become final, and create hostility between parties. In fact, a capable Cumming uncontested divorce lawyer can help you and your soon-to-be-ex maintain your civil relationship and ensure that both parties consider all the issues that need to be resolved when you divorce.

If you and your spouse are trying to achieve an uncontested divorce, reach out to a local legal professional for assistance. Spending a bit to ensure everything is done correctly could save you time and money in the long run, so call today.

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