What is an uncontested divorce?

The simplest form of divorce in Georgia is an uncontested divorce, which occurs if both spouses can agree on the terms of separation. In addition to being less costly, uncontested divorces are less complicated and typically take less time to finalize than contested divorces.

Could My Spouse and I File for an Uncontested Divorce?

You can file for uncontested divorce if you and your spouse do not need the court to divide assets or make any determinations in the dissolution of your marriage. If you qualify for uncontested divorce, you may not need to appear in court, you can file the paperwork on your own behalf, and the divorce can be made be final in as little as one month.

You probably have an uncontested divorce if you and your spouse:

  • Agree over shared property and finances. You and your spouse should have a clear understanding of what will happen to any shared property after separation. Property does not only include assets—such as houses, cars, boats, jewelry, bank accounts, and furnishings—but also any debts that are in both spouses’ names.
  • Agree on custody of children. Spouses with minor children will have to think very carefully about the custody arrangements they agree to before divorcing. Every family will have its own unique challenges in finding a custody agreement that works for both the parents and the children. There must be total agreement on how parenting time and parenting responsibilities will be shared, and what will happen if the terms are not met.
  • Agree on spousal and child support. There are many factors that can affect which spouse is entitled to support, as well as how much these support payments should be. Spousal support, commonly known as alimony, is support paid to a former spouse to make up for the loss of shared income. Child support is a periodic, court-ordered payment from a former spouse that is used to provide food, shelter, healthcare, and other necessities.

If you and your spouse cannot agree on a particular point, you do not necessarily have a contested divorce. You can hire an attorney to mediate between you and your spouse to help you iron out the finer details, negotiating an agreeable compromise. After a compromise is reached, you can move forward with an uncontested divorce. Call us today or fill out your contact information to speak with a Georgia divorce attorney about your situation.