Fulton County Uncontested Divorce Lawyer

When you and your spouse have decided to divorce and are on the same page about most issues, getting an uncontested divorce is possible. Uncontested divorces are usually less expensive, quicker, and less stressful than contested divorces.

Talk to a Fulton County uncontested divorce lawyer about how the process works and whether you and your spouse are good candidates. If so, a legal professional at the Atlanta Divorce Law Group can provide guidance throughout the process.

You Must Meet the Divorce Requirements

Georgia courts cannot consider a divorce unless one of the spouses has lived in Georgia for at least six months prior to the filing. When the filing spouse lives outside the state, they must file for divorce in the county where the other spouse lives.

You must also have legal grounds for divorce. When you seek an uncontested divorce, you and your spouse must agree that the marriage is irretrievably broken. There are other fault-based grounds for divorce, but if you want an uncontested divorce, the ground you must cite is the irretrievable breakdown of the marriage.

Additionally, the Georgia Rule of the Superior Court 24.8 allows courts to mandate parenting classes for divorcing couples with minor children. Fulton County Family Court requires divorcing parents to take these classes. You must prove that you and your spouse have completed the class before a court will issue a divorce decree. A Fulton County uncontested divorce attorney can ensure you have the required documentation.

You Must Have a Written Settlement Agreement

An uncontested divorce requires you and your spouse to develop a settlement agreement before filing the divorce petition. When you have children or complex finances, it often makes sense to work with a mediator when negotiating your agreement.

Property Division

Your divorce settlement agreement must address how you will divide your marital property. Marital property is everything you acquired individually or as a couple since you married. The division of property must be fair but not equal, and any arrangement both spouses agree to is likely to be approved by the court if the parties were represented by legal counsel.

Alimony

Alimony is not mandatory in Georgia, but family courts award it when one party can demonstrate a need and the other party can afford to pay. If one of you has been financially dependent on the other and needs assistance to set up an independent household, alimony may be appropriate.

Your agreement should describe which spouse will pay alimony, how much, and for how long. It should state whether alimony will be paid in a lump sum or periodically. You can also agree to waive alimony.

Child Custody and Support

If you are the parents of minor children, you must incorporate a detailed parenting plan as part of your settlement agreement. The plan must describe how you will handle legal and physical custody of your children, including schedules of when the children will be with each parent.

Your plan must also include child support arrangements. Georgia uses a formula to determine the minimum acceptable child support payment, and your agreement must reflect at least the minimum payment. Child support is a child’s right, and a parent cannot waive it, even if they do not need the money.

Georgia family courts review the parenting plan carefully to ensure it furthers the children’s best interests. It is advisable to have a Fulton County uncontested divorce attorney review your parenting plan before you submit it. They might suggest how you could ensure your plan clearly supports your children’s well-being.

The Divorce Filing Process

You must file a divorce petition with the clerk’s office of the Superior Court in the county where you or your spouse live. Your Fulton County uncontested divorce attorney can file your forms, or you can obtain a packet of the necessary documents at the Court Clerk’s office.

You must file your signed and notarized settlement agreement with the divorce petition. You should also file a waiver of service signed by your spouse to avoid the hassle, delay, and expense of hiring someone to serve the divorce papers personally.

Once you file your papers, a Fulton County Family Court judge must wait at least 31 days before granting a divorce. If one of you was not represented by an attorney, the judge usually schedules a hearing to be sure you both understand the terms of your agreement and the consequences of divorce. Typically, you will receive your final divorce decree within a month to six weeks after the waiting period or the hearing.

Ensure Your Uncontested Divorce Goes Smoothly With a Fulton County Attorney

An uncontested divorce is an excellent option when you and your spouse agree about the practical aspects of ending your marriage and co-parenting your children. However, it is wise to work with a Fulton County uncontested divorce lawyer to ensure errors or omissions do not create unnecessary delays.

The legal team at Atlanta Divorce Law Group can help you with any aspect of an uncontested divorce. Reach out today to schedule a consultation.