Uncontested Divorce – Cumming Georgia

Uncontested Divorce Lawyers Cumming Georgia | 770-609-1247Before filing for a divorce, it is important for you to fully consider your options, which include filing an uncontested divorce case, a contested case, or even seeking mediation or arbitration of your case. However, If you and your spouse fully and mutually agree to get a divorce and the terms of the divorce, you most likely qualify to file for an uncontested divorce.

Defining Uncontested Divorce

To determine if uncontested divorce is the path to choose, spouses must have mutual agreement as to the basic essential elements of divorce. The divorce is categorized as uncontested if:

You and your spouse have been separated for at least thirty (30) days. This does not mean the parties have to be living at separate addresses, or even in separate bedrooms. However, it does mean the parties have not had marital relations during the prescribed period of time.

Both you and your spouse are willing to voluntarily sign the divorce agreement showing the court that you are in full agreement with the terms for the divorce.

The terms of the Divorce Settlement Agreement (and related documents) will necessarily include, but not be limited to the following:

  • division of marital assets
  • division of marital debts
  • an agreement on what are the marital debts and marital assets, as opposed to non-marital debts and assets
  • an agreement on whether alimony and spousal support will be paid or not
  • if alimony or spousal support is to be paid, the amount and duration
  • who will have primary physical custody of the children
  • how much child support, if any will be paid

The Court grants the divorce on the basis of the paperwork submitted. The Court does not have the discretion to make the decision on your behalf, unlike in a contested divorce, where the Court makes a decision.

If your agree to all the terms set out in the divorce settlement agreement, then the attorney begins to work on your uncontested divorce. The person filing the paperwork is called the petitioner and the other spouse is the respondent.

Process of Filing an Uncontested Divorce in Cumming Georgia

For the Courts of Georgia to have the discretion to grant, the residency requirement of 6 months needs to be established. It is not required for you and your spouse to reside at the same residence, but 6 months residency requirement must be satisfied. Residency can be established by showing the proof of voter registration, driver’s license, or payment of utility bills. As long as one of the spouses is a resident of State of Georgia for 6 months, the residency requirement is satisfied.

The following list is the necessary documents that are generally required to be filed with the Superior Court of Forsyth County for a Cumming Georgia uncontested divorce:

  • Acknowledgment of Service
  • Affidavit of Plaintiff
  • Affidavit of Understanding of Non-Representation
  • Complaint for Divorce aka Petition for Divorce
  • Consent to Hearing Thirty-One (31) Days After Service
  • Divorce Settlement Agreement
  • Domestic Relations Case Filing Information Form
  • Domestic Relations Case Final Disposition Information Form
  • Domestic Relations Financial Affidavit
  • Final Judgment and Decree of Divorce
  • Motion and Brief for Judgment on the Pleadings
  • Notice of Appearance and Request for Notices
  • Report of Divorce Annulment or Dissolution of Marriage
  • Standing Order
  • Summons
  • Verification for Domestic Relations Financial Affidavit
  • Verification of Complaint

Additional Forms – Cases Involving Minor Children

  • Child Support Addendum
  • Child Support Worksheet
  • Parenting Plan

An attorney can provide you with a better clarification as to the types of documents required for you to file for your uncontested divorce. The required paperwork varies from one county to another, so it may be possible that depending on the county where you will file your divorce, additional forms may be required in addition to those mentioned above.

Advantages of Getting Uncontested Divorce

So, you have decided to file for an uncontested divorce? Before you act on your wishes, it is important to truly determine if getting an uncontested divorce is right path for you. Getting an uncontested divorce offers the chance to end marriage smoothly and less painfully. Generally, an uncontested divorce matter can be filed pro-se, without an assistance of an attorney, as long as both spouses consent to a divorce. If parties mutually consent to a divorce, then parties can obtain a divorce without major expenses. However, if parties cannot come to a mutual agreement, then a mediator may be needed to facilitate the agreement. The cost of mediator varies, but may cost approximately a few hundred dollars per hour, which is usually split evenly between the parties.

Additionally, the uncontested divorce can be granted with limited public disclosure. Although negotiation statements are filed with the local court, all agreements and disclosures made between the parties are not required to be put on public record. Only the statements the parties file with the Court are publicly accessible. Thus, personal terms, negotiations and conditions may be kept between the divorcing couples, therefore minimizing the conflict that may be brought about by external factors. Fighting and harsh feelings are likely to be minimized, and the marriage is ended in harmony. Lastly, the process of getting an uncontested divorce is quicker as the parties are not required to wait for the scheduled court appearance.

Disadvantages of Getting an Uncontested Divorce

While getting an uncontested divorce may seem advantageous, getting an uncontested divorce comes with its own downside. If there is a history of domestic violence, emotional abuse, or some other sort of disparity in the power of relationship where one spouse can easily take an advantage of the other spouse, uncontested divorce is not a right option for you and your spouse. If there exists even a slight chance of bickering and fighting, then you may want to reconsider getting an uncontested divorce. In cases such as this, when there is even a slight possibility of disagreements, obtaining a contested divorce might be a more suitable route. However, it is important to keep in mind that contested divorce process is longer, and the Court will directly be involved throughout the whole divorce proceeding. Lastly, if one or both of the spouses are vested in keeping certain property or taking a larger share of the marital assets, then intractable disagreement may not be easily resolved in an uncontested divorce proceeding.

Uncontested on Some Issues, Contested on Others

There is a thin line between contested and uncontested divorce, and often times the line is blurry. There may be possible circumstances where you may agree with your spouse on one issue, but not on another issue. For example, as far as marital division is concerned, one spouse may be willing to allow you to keep the house, but may be demanding more equity than the you are willing to give. On the other hand, there may be an agreement on custody arrangement, but not on the amount of child support the other spouse should be required to provide to non-custodial spouse. Likewise, there may be circumstances where one party may request alimony, but the other spouse may refuse to pay the alimony. In circumstances such as these, the unresolved issues will be directed to the judge for the determination. It takes a lot of preparation by the attorney to present the disputed issues at the trial.

Getting an uncontested divorce may or may not be a viable option for you. There is a thin line between uncontested and contested divorce. Going through a divorce can be mentally excruciating, but you do not have to go through this alone.

The attorneys at Coleman Legal Group are experienced in helping hundreds of clients in divorce and family law matters. Call 770-609-1247 today to discuss your case with us.

We assist Cumming and Forsyth County, Georgia Divorce and Family Law clients in the following cities and communities:  Cumming, Sharon Springs, Brookwood, Coal Mountain, Chestatee, Silver City, Daves Creek, Friendship, Big Creek, Midway, Matt, Ducktown, Gainesville, Suwanee, Johns Creek, Alpharetta, Milton and Surrounding Areas. Forsyth County divorce cases are usually filed in Forsyth County Superior Court or the county of the defendant. There are several exceptions to this general rule where a Divorce or Family law case should be filed, which our attorneys can explain in a confidential consultation.

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law and other areas of law.  We have offices conveniently located at:

Cumming Georgia
The Avenue Forsyth
410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-609-1247 | Map

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 51
Alpharetta, GA 30022
Phone: 770-609-1247 | Map

Other Offices Throughout the Atlanta Metro Area

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