About Our Georgia Uncontested Divorce Attorneys
Coleman Legal Group, LLC | Phone: 770-609-1247
One of the commonly asked questions we receive is “What does an “uncontested divorce” mean?”
Georgia uncontested divorces are sometimes also referred to as simple, no-fault, quick, fast, and agreed to divorces. However, to be legally precise, an uncontested divorce is where the parties are in total agreement to all the terms of the divorce and the divorce based on a claim of irreconcilable differences. However, uncontested divorces should not be confused with obtaining a divorce utilizing “service by publication.”
In a Georgia uncontested divorce, the parties must have reached a complete agreement on how their property will be divided, how their debts will be divided, what the terms will be for child custody and child support. Also, the parties will be in total agreement regarding how much, if any spousal support / alimony will be paid and for how long. If the parties are not in agreement on any significant term of the divorce, then an uncontested divorce cannot be filed.
Even if the parties are in total agreement regarding their children, assets, debts and spousal support, putting this agreement into a set of legal documents that the court will approve without the help of a divorce lawyer can be difficult. The divorce attorneys at Coleman Legal Group, LLC have negotiated and drafted hundreds or uncontested divorce agreements and will able to take your agreed terms and prepare a complete collection of documents the court will accept and approve.
What Makes a Divorce Case Uncontested in Georgia?
In a Georgia uncontested divorce the parties will be in agreement to all the terms of the uncontested divorce before the case is filed. The terms need to be in written into an agreement, and signed by both parties. The basic terms of a Georgia uncontested divorce that need to be agreed upon are:
- that both parties actually agree to get divorced
- the division of personal and real property and financial assets
- the division of debts, taxes and expenses related to property
- if any alimony will be paid by one spouse to the other; and if so, the amount and duration of the alimony payments
- who will have primary physical custody custody of the parties’ minor children
- the visitation schedule the parties will have for their minor children
- the amount of child support that will be paid, if any
- where (the state and county) that the divorce case will be filed
- which party will be the Plaintiff / Petitioner and which party will be the Defendant / Respondent
In an uncontested divorce, both parties will sign all of the pleadings, affidavits, and agreements needed for filing the case with the court. In addition, the uncontested divorce will usually be based on a claim made by the petitioner / plaintiff (the person filing the case) of irreconcilable differences. However, more than one reason can be given for the divorce, but the parties must still be in agreement in regard to the reason for the divorce, or the defendant may choose not to contest the reasons given. See Grounds for Divorce, O.C.G.A. § 19-5-3.
Georgia Uncontested Divorce Cases Require the Following Pleadings:
- Petition for Divorce (or Complaint for Divorce): The document (aka pleading) filed in the court officially asking the court to grant an uncontested divorce.
- Notarized Verification(s): A notarized document swearing to the accuracy of the claims made in the Petition / Complaint for Divorce by the person seeking the divorce. A notarized verification are also necessary for the Domestic Relations Financial Affidavit.
- Summons: The document giving notice to your spouse of the divorce filing and the time limit to respond to it. However, a response from the defendant / respondent in a Georgia uncontested divorce is not necessary.
- Acknowledgement of Service: A document signed by the respondent / defendant in an uncontested divorce that attests that he/her has officially received the request for the Petition / Complaint for Divorce, and does not object to the venue and jurisdiction of the court. The defendant can either sign the Acknowledgement of Service or be served by a sheriff’s deputy or process server. However, most defendants find it preferable to sign the Acknowledgment of Service.
- Consent to Try After Thirty-One (31) Days: A notarized document signed by both spouses / parties that allows the court to grant the uncontested divorce it in as little as thirty-one (31) days.
- Motion for Judgment on Pleadings: A document filed with the court by the petitioner / plaintiff requesting that the court grant the divorce without a court hearing.
- Divorce Settlement Agreement: A document signed by both parties and filed with the court outlining the entire Georgia uncontested divorce agreement of the parties. However, in cases involving minor children, additional agreements will usually be attached (see below).
- Final Judgment and Decree of Divorce: A document submitted to the court to be signed by a judge making a divorce official and an order of the court.
- Domestic Relations Financial Affidavit (DRFA): A notarized document which summarizes the financial situation of the party signing the affidavit. Usually in a Georgia uncontested divorce, only the plaintiff / petitioner is the only person that needs to sign the Domestic Relations Financial Affidavit. See Uniform Georgia Superior Court Rule 24.2 and O.C.G.A. § 19-6-15.
- Affidavit(s): Various signed and notarized documents that are required to be filed in a Georgia uncontested divorce case.
Georgia Uncontested Divorce Cases Involving Minor Children Also Require the Following Documents:
- Child Support Worksheet: A document that is required under Georgia law to calculate the amount of child support to be paid and to be filed with the court. Georgia’s Child Support Worksheet also includes the option for lowering or increasing the child support if appropriate. See O.C.G.A. § 19-6-15.
- Child Support Addendum: A document that describes in detail the child support amount, duration of the payments, when it will be paid, how it will be paid, etc. See O.C.G.A. § 19-6-15.
- Parenting Plan: A documents that comprehensively outlines the visitation schedule, holidays, legal and physical custody of the parties’ minor child(ren). See O.C.G.A. § 19-9-1.
Call 770-609-1247 or use the Email Submission Form Below. Weekend and Evening Appointments and Consultations Available.
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Divorce and Family Law – Georgia Areas We Serve
Our Georgia divorce lawyers and family law attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Duluth, Johns Creek, Milton, Cumming, Sharon Springs, Suwanee, Marietta, Woodstock, Sandy Springs, Kennesaw, Gainesville, Midtown Atlanta, Norcross, Lawrenceville, Buckhead, Dunwoody, Vinings, Smyrna, Buford, Inman Park, Old Fourth Ward, Decatur, Grant Park, East Atlanta, and Virginia Highlands.
Our Georgia divorce lawyers and family law attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette, and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Bankruptcy, Estates, Wills, Trusts, Real Estate, Sports and Entertainment Law, Immigration, and Business Law.
Our main office is located in Alpharetta Georgia at: 11539 Park Woods Circle, Suite 304, Alpharetta, GA 30005. We also have offices conveniently located at:
Park Woods Commons
11539 Park Woods Circle
Alpharetta, GA 30005
Phone: 770-609-1247 | Map
|Dunwoody, Sandy Springs
GA 400, Atlanta Georgia
1200 Abernathy Rd
Atlanta, GA 30328
Phone: 770-609-1247 | Map
|Johns Creek, Duluth GA
11555 Medlock Bridge Road
Johns Creek, GA 30097
Phone: 770-609-1247 | Map
125 TownPark Drive
Kennesaw, GA 30144
Phone: 770-609-1247 | Map
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