The Divorce Process: An Uncontested Divorce
The divorce process officially begins when one spouse (called the plaintiff or petitioner) files a complaint for divorce against the other spouse (the defendant or respondent) with the court. The plaintiff-spouse then serves the defendant-spouse with that complaint and a summons. The defendant-spouse later files an answer to that complaint, and the adversarial process goes on from there.
In some cases, however, the parties have already discussed getting divorced. They know what they each individually want through the dissolution of their marriage and reach agreement, at least in principle. These general terms of settlement will, hopefully, help to avoid a lengthy, adversarial litigation. Does that mean they will end up having a truly uncontested divorce? Most likely, yes. However, disagreements may still arise between them before reaching a written settlement agreement and a court order.
This blog post provides a general overview for anyone considering an uncontested divorce.
Because each divorce is as unique as the marriage itself, please note that the discussion that follows is merely an overview that may not apply to your situation. It is always wise to seek legal counsel to help navigate the divorce process.
In Georgia, an uncontested divorce requires that both couples agree on each and every issue and have reached a full agreement. The topics for parties to consider in order to ensure they are in complete agreement include the following:
Alimony
Equitable division of assets (including home, vehicles, accounts, etc.)
Equitable division of debts (including loans, lines of credit, mortgage, and credit cards)
If the divorcing couple has children together, there also needs to be an agreement around:
Legal custody and decision-making
Physical custody and specific parenting schedule (including holidays and summer)
Child support
Health insurance and healthcare expenses for the children
Life insurance
There may be additional arrangements to seek agreement based upon the particular couple and/or family. Note that, if the parties disagree on any issue, it will be considered a contested divorce.
There are a number of benefits to an uncontested divorce.
First, it saves a lot of time for the involved parties if everyone is in agreement. Uncontested divorces are typically finalized in approximately 45 days. By comparison, a contested divorce often takes months and possibly years to settle.
Second, an uncontested divorce can be very cost effective. Even when both parties hire an independent lawyer to review and discuss their settlement agreement before signing, the process is much less expensive than a lengthy divorce proceeding in court.
Third, in most situations, an uncontested divorce helps to preserve the relationship between divorcing spouses. It's no secret that the divorce process can further erode an already dysfunctional relationship between the parties. Because an uncontested divorce requires the soon-to-be-former spouses to work together for a common goal, it usually leaves a better relationship intact at the end.
Filing for an uncontested divorce will almost certainly mean that the judge will finalize the divorce faster than a contested divorce. Additionally, spouses who cooperate to create a settlement agreement are more likely to follow the court’s orders after the divorce is final. When couples understand the reasoning behind the custody, support, or visitation orders, there's less bickering, which can also lead to less unnecessary court hearings in the future.
What is the process for filing an uncontested divorce?
The forms that must be completed to file an uncontested divorce are generally as follows:
Complaint/Petition for Divorce
Acknowledgement of Service
Settlement Agreement
Parenting Plan
Consent to Trial in 31 Days
Child Support Worksheet and Addendum
If the parties agree on the terms in all of the documents applicable to them, these are then signed and filed with the court. There is a filing fee required with filing (typically around $215.00 in Georgia). By written consent of both parties to a hearing, the divorce may be granted any time 31 days after service or upon filing an Acknowledgement of Service.
Please note that, even in uncontested divorces, if minor children are involved, the court will require the parties to attend a Families in Transition Seminar prior to getting their divorce finalized.
After all required documents are filed with the court, the judge will review the documents. A court appearance may or may not be needed. Most of the time, the parties can file a motion that asks the court to review the filed documents and grant the divorce on the paperwork. If the judge is satisfied with the pleadings themselves, the divorce may be granted.
If any questions arise, a hearing may be required. Usually, the purpose of that hearing is for the judge to ensure that the parties meet the state's divorce requirements and that both parties understand and agree to the terms of their settlement. If the judge is then satisfied, the divorce will be granted. The final order is called the Final Judgment and Decree of Divorce and, once this document is signed by the judge and filed, the parties are officially divorced.
If you are considering divorce or have questions about the process, contact Fagan Law Group today to schedule a consultation.
Let us guide you through this difficult time with compassion and expertise.
[Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every divorce case is very fact-specific and unique, and outcomes will vary based on individual circumstances.]