With over 30 years of practice in divorce and family law, Stearns-Montgomery & Proctor is ready to help guide you through the entire divorce process. Our Atlanta divorce attorneys are mindful of the emotional tolls that divorce can take, which is why we approach each case with the utmost care.
Issues in Uncontested Divorce Cases
The issues in an Uncontested Divorce and a Contested Divorce are exactly the same. They are as follows:
Marital Property and Asset Division
All property earned or accumulated over the course of the marriage must be divided on an equitable basis.
If one of the spouses makes considerably less than the other or sacrificed his or her own career for the sake of the marriage, that spouse may be entitled to spousal support.
Child Custody and Child Support
If there are children, the parents will need to divide parenting responsibilities, as well as provide for the support of their children.
What to Expect in a Georgia Uncontested Divorce Hearing
File Divorce Petition
Both contested and uncontested divorces in Georgia begin with a divorce petition filed in the superior court for the county in which you reside.
You will be required to fill out a financial declaration, detailing the assets and debts you accumulated over the course of your marriage.
If there are children involved, you will also be required to fill out a parenting plan, detailing how parental responsibilities will be divided.
At an uncontested divorce hearing, the judge will hear testimony and review the documents submitted. Provided you agree to the terms, the judge will issue a final order in the case.
From start to finish, this may be accomplished in as little as a few months, provided all the appropriate information and supporting documents are submitted.
Learn More About Uncontested Divorce From Our TeamStearns-Montgomery & Proctor's Founder, Mary Montgomery, begins a multi-part series of how clients can Save Time & Expense when going through a divorce. Part 1 defines what 'Uncontested' Divorce may be, as there is confusion among clients and prospects, alike.
Common Georgia Uncontested Divorce FAQs
What is an Uncontested Divorce in Georgia?
Do I Need a Lawyer for an Uncontested Divorce in Georgia?
How Do I File for Uncontested Divorce in Georgia?
How Much Does an Uncontested Divorce Cost in Georgia?
What is the Difference Between Contested vs Uncontested Divorce?
In an uncontested divorce, one spouse signs an Acknowledgment of Service thus avoiding the need to get the Sheriff’s Department involved. The parties either skip discovery or only exchange a few documents since the terms are agreed upon and there is no need for evidence since there will not be a trial. The parties usually only have to attend a brief Uncontested Hearing, at the most.
Do I Have to Go to Court for Uncontested Divorce?
How Long Does an Uncontested Divorce Take?
Regardless of best intentions, divorces are generally not easy. Complex Georgia law is not something one should tackle without professional, experienced legal guidance. Stearns-Montgomery & Proctor Family Law has over three decades of experience in this tedious process.