Although an uncontested divorce is the simplest route to part ways with your spouse, the circumstances of the transition will dictate how complicated the process can be,. Those seeking a divorce still need to outline asset division, and in the cases involving children still need a parenting plan. To ensure that nothing is left unresolved, consult a lawyer regarding issues such as:
- Child custody
- Child support
- Property division
A divorce lawyer at Platt Family Law Firm can walk you through the process and paperwork, avoiding additional stress in the process of divorce.
What Is an Uncontested Divorce?
In Georgia, an uncontested divorce is described as a divorce where both parties agree to the terms of the arrangements. Once the necessary paperwork is filed, there will be nothing left to resolve in court.
An amicable divorce implies a peaceful agreement between the parties and prioritizing the children’s needs, if applicable. Agreeable parties can have an uncontested divorce once they have agreed on all of the issues. When filing for an uncontested divorce, coordination between the two parties is essential, and being amicable in the dissolution becomes the foundation for a healthy separation and often Co-Parenting.
The Difference Between an Uncontested and a Contested Divorce
While the main difference between these two types of divorce is agreement, there are a few things to keep in mind that contribute to this distinction. Typically, when fundamental aspects of terminating the marriage come into conflict and a resolution needs to be reached in court, a divorce is contested. This is also true when one or both parties seek separate counsel when determining the terms of their separation.
Getting the Correct Documents in Order
There are several steps to obtaining a divorce in Georgia, regardless of whether it is a contested or uncontested divorce. The procedure is key to making the divorce as painless as possible; it is critical to acquire the proper paperwork and fill it out correctly. A qualified divorce attorney can help guide you and answer any questions you may have. Remember, having everything in order from the beginning saves you time, money and energy. Platt Family Law is committed to making the process as smooth as possible, and the attorneys and staff are here to help clients navigate the necessary court documents and procedures.
Complaint for Divorce
The first form to file for divorce in Georgia is the complaint for divorce. It initiates the process by outlining details such as the date of marriage, date of separation and the name and age of the children. If the divorce is uncontested, then the settlement agreement — including child custody arrangements, if applicable will also be filed with the complaint.
Summons and Verification
The summons document legally notifies the other party in the marriage of the divorce. Once the party being served — the defendant or respondent — receives the summons, they have 30 days to respond. However, as agreeing is a precondition in an uncontested divorce, the summons form exists as a legal formality but remains a necessary step in the filing.
Consent to Hold Hearing 31 Days After Service and Filing
In the consent form, both parties’ consent to finalize their divorce proceedings at least 31 days after servicing the filing of the divorce papers. The divorcees also agree to waive the right to have a trial by jury, consenting to judgment by a judge during the hearing.
Acknowledgment of Service and Corresponding Affidavit
The acknowledgment form formally recognizes the receipt of the summons and all corresponding paperwork.
The settlement agreement outlines the terms of the divorce regarding issues such as alimony and child support. It also allows for a legal name change to reverse a married surname. This form also sets the binding agreement moving forward.
Final Judgment and Decree
The final judgment fully and effectively dissolves the marriage. Once this form is processed and the superior court judge signs it, the annulment of the binding marriage is complete. This document also provides for a legal name change if the wife wants her maiden name restored.
Report of Divorce
The report is a key summary of personally identifiable information within the divorce filings. It is the ultimate document for an uncontested divorce in the state of Georgia. After this form is processed and received, the required documentation is complete.
Best Practices for a Civil Divorce
Even the most amicable divorces can have problems in the aftermath. Complex emotions and sudden change can cause significant obstacles, especially when children or dependents are involved. However, as aspects of family make-up, structures and dynamics have changed, families have found ways to adapt.
While every family is different, and what they will need in their life transition will differ, maintaining civility and compromise is essential. Some divorcees have provisions for contemplated conflict and ways to best address the changes affecting them. While some families prefer a family coordinator to resolve conflict, others may choose to resolve the matter among themselves and continue Co-parenting.
Staying on the Same Page With Divorce Documents
Because the divorce process is complicated, consulting an attorney is the best option to avoid error and delay, even if the parties are amicable. It can save time, money and spare you additional stress during an emotional time. The Platt Family Law’s divorce attorneys are available to guide you and your family through Georgia’s divorce proceedings. We are here to help give our clients peace of mind and thorough consultation.
For a better understanding of how The Platt Family Law Firm can be of assistance to you and your family, you can schedule an initial consultation. You can call us at 404-255-3434 or visit our website for more information.