An uncontested divorce is where both parties agree they don’t want to be together anymore and have resolved issues concerning custody, visitation, and child support if they have kids, as well as the division of property and of debt. If everybody agrees, it takes the lawyers a couple of days to get the paperwork ready. Once we file the petition for divorce with the court, we can get a final decree after just 31 days.

In Georgia, Do Both Parties Have To Be Present And Sign The Divorce Papers Together For An Uncontested Divorce?

If both parties agree and have signed the divorce papers, we can submit the papers to the court and have a final decree 31 days later. If, however, the spouse seeking a divorce does not know the whereabouts of the other spouse, they can do a divorce by publication, meaning we publish a notice in the newspaper and prepare an affidavit that shows we have made due diligence in searching for that other spouse. A divorce by publication takes about 60 days, and the other spouse does not have to sign if they have not been located and there’s no hope of finding their whereabouts.

Why Do I Still Need A Divorce Attorney For An Uncontested Divorce In Georgia?

It’s recommended you have an attorney to protect your rights and to ensure the filing is done properly and the judge has proper documentation to issue the final decree. If any paperwork is not done properly, the judge will send it back. Additionally, an attorney can make sure you’re protected if an issue should arise in the future, even years after the divorce.

Do My Spouse And I Each Need Our Own Attorney In An Uncontested Divorce In Georgia?

It is a common misunderstanding that two parties can use the same attorney for an uncontested divorce. The attorney that you hire looks out for your interests and your interests only. The person who did not hire the attorney will always be the unrepresented party. That being said, if the unrepresented party can read the divorce documents, understands the legalese, and accepts the terms, then it’s not necessary for both parties to hire an attorney. The unrepresented party can sign the documents without paying someone for representation. For more information on Uncontested Divorce in Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (706) 940-0594 today.