Divorce Attorney Tips: Uncontested Divorce Myths To Consider

Several myths surround the idea of contested divorces like the mother always gets the children and divorces always get settled in court. While these myths exist for contested divorces, what myths exist for uncontested divorces? 

Read on and learn some of the Carrollton uncontested divorce attorney tips and popular misconceptions regarding cheap uncontested divorces in Georgia.

My Spouse and I Can Have One Divorce Attorney Between Us

False. Since a divorce attorney’s role is to be an advocate for their client, it is impossible to do that for both spouses as each of their interests may be contrary to the other spouse. However, one attorney can serve as a mediator between both spouses, but the mediator’s role differs from that of an attorney; the mediator’s role is to facilitate the working agreement between you and your spouse on your terms.

As the mediator has no obligation to protect you or your interests, advise you as to all legal aspects, or even make sure that all pertinent issues get addressed in mediation, each spouse should have their own individual Georgia divorce attorney. Consequently, many agreements made during mediation are often incomplete and can frequently favor one side.

Mediators Do Not Do Anything to Help

False. Mediators play a significant role in uncontested divorce proceedings by helping you to keep the following factors in mind during said mediation: allow others to vent their feelings, mirror what you hear, validate others’ perspectives, act openly and freely speak, and brainstorm solutions. 

Mediators also cover four significant issues during uncontested divorce mediation: 

  • Marital Property. You and your spouse must discuss how to divide assets and property fairly. Marital property can include real estate, bank accounts, retirement accounts, pensions, and investments. 
  • Custody. The custody issue includes both physical and legal custody of minor children. Physical custody goes to the primary caregiver or primary custodian who will provide the child’s primary residence. On the other hand, legal custody is the right to make decisions related to the well-being of your child and anything connected to their education, medical care, religious teachings, etc. Both types of custody are either joint or sole. 
  • Support. While support usually means child support, it can also mean spousal support or alimony. After determining your eligibility to provide support to your child(ren), spousal support is then evaluated and considers various factors (e.g., length of the marriage, financial contributions throughout the union, and the ability to work after the divorce).
  • Marital Debt. You and your spouse must decide a way to divide outstanding debts and determine how they will get paid. Marital debt includes mortgages, credit cards, lawsuit judgments, taxes, and (sometimes) student loans.

I Do Not Need to Trust My Spouse During an Uncontested Divorce

False. Trusting your soon-to-be ex-spouse is extremely important in an uncontested divorce, especially if you choose to proceed without the assistance of an attorney. Uncontested divorce proceedings require you to be able to trust your spouse with things like:

  • Assets and income
  • Parenting commitments
  • Effective co-parenting agreements
  • Willingness to abide by the agreement terms

Ask yourself what circumstances brought you and your spouse to divorce and go from there regarding whether you can fully trust them.

Truly Uncontested Divorces are Not Possible

False. Although exceedingly rare, a truly uncontested divorce is possible if you consider as many potential issues as possible. While you may have given thought and come to agreements about child custody, support, and asset division, other details may pop up that you may have not even considered. 

Things like:

  • Holiday custody arrangements
  • Children’s extracurricular activities and who pays the bill
  • How you will introduce and incorporate new significant others to the children and into the family

But if you work these issues out as they arise based on the terms of the agreement you and your spouse set up, you can surely fulfill a truly uncontested divorce.

A Divorce Attorney Means the Proceedings Will Be Highly Confrontational

False. Hiring a Carrollton divorce lawyer does not mean that the divorce proceedings will be an expensive, lengthy, drawn-out court battle where you and your spouse fight over every little thing. Hiring a divorce attorney can be for the simple reason of ensuring that all-important information gets addressed to guarantee you and your spouse reach a fair agreement and that you have touched on all the pertinent details in the settlement paperwork to protect your interests.

Contact Our Carrollton Uncontested Divorce Attorneys

If you are pursuing a cheap uncontested divorce in Georgia, and need a divorce attorney, look no further than Cheap Uncontested Divorces with offices in Carrollton and Douglasville. Our attorneys at Cheap Uncontested Divorces offer a free case review and provide services that guarantee speed, affordability, and minimal hassle. Contact Cheap Uncontested Divorces today