Marietta Uncontested Divorce Lawyer
The divorce process is necessary to dissolve a legally recognized marriage. While this process has earned a reputation for being contentious, it is helpful to remember that not every divorce involves a long, drawn-out battle. Many spouses are able to resolve their issues amicably through something known as an uncontested divorce.
In an uncontested divorce, both sides agree on the important issues involving the couple’s separation. This type of divorce is beneficial in reducing costs, delays, and unnecessary additional stress. A Marietta uncontested divorce lawyer from our firm can help you conclude your divorce proceedings without high-stakes litigation. Call today to let a trusted member of our team advise you of your options.
When Is a Divorce Uncontested?
An uncontested divorce is one where both spouses are in agreement on the reasons for the dissolution of the marriage as well as the issues commonly raised during separation. Agreeing on the grounds for divorce is often not a significant point of contention. Unlike in previous eras, most divorces are “no-fault” today. This means the couples only need to agree that the marriage is irretrievably broken.
Because there is no need to assign blame to one side or the other, it is uncommon for spouses to face disputes over the grounds for divorce. The more important issues involve the terms of the divorce decree. These issues include things like spousal support, child custody, and property division.
It is important to remember that every major issue in a divorce case must be resolved between the parties for the Georgia family courts to consider it uncontested. Leaving even one issue undecided requires a couple to go through litigation to have matters decided by the courts.
Can an Uncontested Divorce Set Child Custody Terms?
The parties in an uncontested divorce will need to come to an agreement regarding the custody of their minor children if they have any. However, it is important to note that divorcing spouses cannot decide on issues of child custody on their own.
The court must approve any suggested parenting plan submitted by the parties. While it is rare for the family court to reject a plan both sides agree on, the judge is required to make the decision based on what is best for the child. A Marietta uncontested divorce attorney can help spouses craft a custody agreement that meets the necessary legal requirements and is likely to be met with approval.
Do I Have To Be Served With Divorce Papers if It Is Uncontested?
Uncontested or not, any divorce involves a formal legal proceeding. This means filing a petition for divorce and serving a copy of it to a spouse. This is known as the service of process.
Even though a couple has reached an agreement on the important terms of a divorce, the law still requires all parties to go through the legal formalities of the dissolution process before it can issue a divorce decree. However, one of the benefits of an uncontested divorce is that the parties could reach an agreement on the service requirement. An attorney could accept service on behalf of their client, which prevents that person from being served papers at home or work.
An uncontested divorce has many additional benefits, including an overall faster process and less financial expenses. In some instances, though, an uncontested divorce may not be the best option for a couple. Our seasoned Marietta attorneys can help determine the most appropriate action in your specific circumstances.
How Does Property Division Work in Uncontested Divorce Matters?
In uncontested divorces, the spouses negotiate and agree on how to divide their marital property. This agreement is documented in a marital dissolution agreement, which is then submitted to the court. The court reviews the agreement to ensure it is fair and equitable, and if so, approves it. Georgia is an equitable distribution state, meaning the court aims for a fair division of marital property, not necessarily a 50/50 split, but rather what is deemed just and fair considering the specific circumstances of the case.
Marital property includes all assets and debts acquired during the marriage, regardless of whose name is on the title or account. Examples include the marital home, vehicles, bank accounts, retirement funds, and other investments. Separate property includes assets owned before the marriage, inheritances, and gifts received during the marriage from a third party. Generally, separate property remains with the original owner.
Factors considered in the division of marital property would include each spouse’s financial situation, contributions to the marriage (both financial and non-financial), earning capacity, and any misconduct leading to depletion of marital assets. The court has broad discretion in determining what is fair, and a 50/50 split is often a starting point, but not a guaranteed outcome. A Marietta lawyer can help negotiate a fair settlement, draft the marital dissolution agreement, and represent your interests throughout the uncontested divorce case.
Can An Uncontested Divorce Determine Spousal Support?
In an uncontested divorce, spouses can agree to and determine spousal support, also known as alimony, as part of their settlement agreement. Unlike child support, there is no legal formula for alimony in Georgia, and it is entirely negotiable between the parties. If the couple agrees on spousal support, they can negotiate the amount, duration, and any specific conditions (e.g., temporary support, lump sum payment).
The agreed-upon terms for spousal support are then included in the final divorce settlement agreement, which is presented to the court for approval. While the court typically accepts the agreed-upon terms, it may review the agreement to ensure fairness and that it is not coercive. It is important to note that alimony is not mandatory in Georgia.
If the couple cannot agree on spousal support, the court may need to decide the issue. If the court determines spousal support, it will consider factors such as the length of the marriage, the financial resources and needs of each spouse, and any contributions made during the marriage. A Marietta uncontested divorce attorney can ensure that the agreement aligns with your best interests and protects your financial future.
Why Is Legal Representation Still Important in an Uncontested Divorce Case?
Even when divorcing spouses agree on key issues like asset division, child custody, and alimony, legal representation from an experienced attorney is still highly beneficial and often necessary for a smooth, legally sound uncontested divorce in Marietta. Georgia law has specific requirements and procedures for filing and finalizing divorces. A lawyer can ensure your divorce adheres to state laws and that all paperwork is completed accurately and submitted on time. This minimizes delays and reduces the chance of rejection by the court.
Even amicable agreements can inadvertently contain terms that are unfavorable or inequitable for one party. Our lawyers will advocate on your behalf to ensure a fair property division according to Georgia law, child custody and support agreements that prioritize the child’s best interests, and the disclosure and accounting of all assets. Attempting a DIY divorce with generic online templates can lead to legal errors, delays, or even case dismissal.
A lawyer can help draft a comprehensive and legally enforceable agreement, preventing future disputes that could arise from vague or incomplete terms. Our team can anticipate changes in circumstances (income, relocation, etc.) and draft a detailed agreement to address them, preventing future issues or renegotiations. We can explain the financial consequences of your decisions, ensuring a settlement that supports your long-term financial stability.
Divorce laws are intricate, and an experienced family law attorney can provide guidance and representation throughout the process, ensuring you make informed decisions in your best interest. We can also explain the implications and available options regarding specific issues, preventing small disagreements from escalating. While uncontested divorces are typically quicker, hiring a lawyer can expedite the process even further by preventing issues caused by errors or missed deadlines.
Talk to a Marietta Uncontested Divorce Attorney Today
When you are facing the reality of divorce, our team can help you through the process with as little stress as possible. A positive outcome could become a reality with the right attorney by your side. Reach out to a Marietta uncontested divorce lawyer from the Atlanta Divorce Law Group today.
