When a couple decides to approach divorce in a peaceful manner and reach agreements without the need for legal disputes, it is referred to as a mutual agreement divorce or uncontested divorce. In this type of divorce, both parties involved in the marital dissolution come to a consensus on the terms and conditions of the separation.
This doesn’t mean they can do it alone without the need for a family lawyer. At Pineres Law, we provide guidance on all the legal aspects involved in a uncontested divorce in Atlanta, Georgia.
Guidelines for a Uncontested Divorce in Atlanta
An uncontested or mutual agreement divorce is based on the collaboration and willingness of both parties to peacefully resolve pending matters without the need to go to court. The involved parties must meet certain requirements to file for divorce:
- Meet residency requirements in the state.
- Document Collection: Both parties must gather relevant documents such as prenuptial agreements (if any), financial statements, property records, and documents related to children, such as school reports and medical records.
- Agreement between spouses: The spouses must discuss and agree on the fundamental terms of the divorce, including property distribution, spousal support, and child custody. It is crucial that both parties agree and fully understand the terms.
- Filing for divorce: One of the spouses (or both jointly) must file a divorce petition with the court. This petition will include the agreements reached and request the judge’s approval.
Additionally, one should expect the review of the documents submitted to the court and the approval of the same before the final divorce order is issued.
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Difference between a Uncontested Divorce and a Contested Divorce
In a uncontested divorce, spouses work together to determine property division, spousal support, and child custody. In a contested divorce, these matters can be a source of conflict and require judicial intervention for decision-making.
Time and cost make the difference. A mutual agreement divorce tends to be quicker and less expensive, as it does not involve spending on litigation and extended court hearings.
In a mutual agreement divorce, the parties have control over the final outcome, as they are the ones determining the terms. In a contested divorce, the court makes the final decisions.
Why Hire a Lawyer for an Uncontested Divorce in Atlanta
When there are children and shared properties involved, it’s essential to have a family lawyer providing legal advice. In cases where children are involved, custody is crucial. When filing for divorce, judges ask for this part to be sufficiently clear, knowing beforehand who will be responsible for the children and who will receive child support.
Additionally, having the guidance of a specialized divorce lawyer is beneficial as they can help draft an agreement for the parties based on their mutual understanding of the divorce and current laws.
How Long Can a Mutual Agreement Divorce Process Take
The duration of a mutual agreement divorce process in Atlanta, Georgia, can vary depending on various factors, such as the complexity of the agreements to be addressed. Generally, a mutual agreement divorce tends to be faster, and the process can take between 30 and 90 days after filing for divorce.
If you need advice on divorce in Atlanta, call now at 1-770-956-9961.
