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.
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.
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.
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.
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.