There are many frequently asked questions about uncontested divorce in Georgia, one of the most popular options for couples seeking a peaceful and quick separation.
In Georgia, this process is an excellent alternative for couples looking to end their relationship without facing exhausting processes and legal disputes.
This is a modality that is gaining traction in the state, although many residents are still not fully aware of it.
With this in mind, at The Law Office of Carolina Pineres, we provide answers to some frequently asked questions about uncontested divorce in Georgia.
How does an uncontested divorce differ from other types of divorce?
An uncontested divorce in Georgia is characterized by a process in which both parties agree on the terms to end the relationship and how assets and responsibilities will be divided.
In a contested divorce, the parties cannot agree and require a family court judge to make decisions that they consider fair for each side.
This can lead to lengthy court processes, which increase divorce costs, and the final results may not be satisfactory for the parties involved.
The advantage of uncontested divorces in Georgia is that, as a mediated and agreed-upon process, it is less costly, faster, and generally more amicable for those involved.
Is it necessary to meet a residency requirement?
Another frequently asked question about uncontested divorce in Georgia is whether there are residency requirements to apply.
According to Georgia law, at least one spouse must have resided in the state for a minimum of six months before initiating the divorce process.
This requirement is mandatory, regardless of whether it is an uncontested or contested divorce.
What other requirements must be met?
In addition to residency, both spouses must agree on all terms of the divorce, including property division, child custody, and financial responsibilities.
If there is no prior agreement on these points, the process does not qualify as an uncontested divorce, and the intervention of a family court judge is required to resolve the case.
What documents are needed?
To begin an uncontested divorce in Georgia, several key documents are needed:
- The signed divorce agreement.
- An income and expense statement from each spouse.
- And the formal divorce petition submitted to the county court.
How long does the uncontested divorce process take?
Although the duration may vary depending on the court’s workload, an uncontested divorce in Georgia can be finalized approximately 31 days after filing.
However, some courts may require more time, depending on their availability and caseload.
What are the costs of an uncontested divorce in Georgia?
Another frequently asked question about uncontested divorce in Georgia is how much it may cost. On average, this type of divorce can cost between $500 and $3,000 USD.
Costs mainly depend on legal fees and court filing fees; however, if both spouses agree on all terms, the cost tends to be considerably lower than in a contested divorce.
Is it mandatory to hire an attorney for an uncontested divorce?
No, it is not mandatory to hire an attorney for an uncontested divorce, but having one can be very helpful.
An experienced family attorney in divorces will ensure you receive guidance and representation, will protect your rights, and will support you in obtaining all necessary documents for this process.
What happens if I have minor children?
If there are minor children involved, an agreement on custody and child support must be reached before filing for an uncontested divorce.
The agreement must be fair and appropriate for the children, and in Georgia, the judge will review this agreement to ensure it is in the best interest of the minors.
If you want to learn more about the essential points of a custody agreement in Georgia to help you set up one for yourself, we invite you to read our blog here.
Is a custody agreement required before filing for divorce?
Yes, it is mandatory to have a custody agreement before beginning the process. This agreement must detail the time each parent will spend with the children and any child support contributions.
What happens if one party changes their mind during the process?
If one of the spouses changes their mind and decides not to accept the agreed terms, the uncontested divorce may turn into a contested process.
This means that the case will need to be evaluated by a judge, who will make decisions on behalf of the spouses.
Can I modify the agreement after the divorce is finalized?
Yes, after the judge issues the divorce order, modifications can be made if both parties agree or if a change is justified. For this, a formal request must be submitted to the court explaining the reasons for the requested change.
For this type of process, it is advisable to have the support and guidance of a family lawyer experienced in post-judgment modifications in Georgia.
In conclusion
Choosing an uncontested divorce in Georgia is an excellent option for couples seeking a peaceful and cost-effective separation. Meeting residency requirements and having a clear agreement on terms will ease the process.
If you are considering this option, The Law Office of Carolina Pineres has experienced family attorneys who will provide the right legal guidance for your case and ensure everything is in order.
If you need help, call us at 1-770-956-9961 | 1-404-920-4746 and schedule a consultation to work on your case.
