- March 5, 2021
Divorces can turn out to be tough for people; they not only have to go through emotional trauma but have to fight many battles at the legal front too. Sometimes this experience can be extremely ugly if spouses are unable to settle financial matters. However, it’s not always that bad and at times even high-income couples can have an uncontested divorce. Uncontested divorces in Georgia are not a rare exception but one has to consider many factors to ensure that the matter is resolved through mutual consent.
1. Does an Understanding Between the Spouses Make the Situation Easier?
The first and foremost factor is the understanding between the separating couple. Are they in agreement with the settlement process and asset distribution? When it comes to money and property, things can become quite bitter between couples. The animosity could increase and both sides feel the need to not back down. In such situations, settling becomes difficult.
On the contrary, if couples have already decided on the distribution of resources be it the financial resources or allocation of kids, then the process becomes relatively easier. Husband and wife, both are represented by their respective attorneys who consider all the nuances of the process and ensure his/her client gets the maximum benefit.
2. How a Good Divorce Attorney Can Help in Uncontested Divorces in Georgia?
Uncontested divorces are a lot cheaper compared to contested divorces. While there are many experienced attorneys for uncontested divorces in Georgia, few have got the acumen and empathy to connect with their clients. Just finding a good lawyer is not enough, you need someone who can show compassion and provide support.
It is also important that he/she has complete knowledge about your relationship, the differences, the legal details, and even some personal details so your defense could be strong. Often people tend to hide things from their divorce attorneys and this can work against them. Depriving your attorney of any sort of crucial information could only weaken your case and position.
3. Is the Mediation Route a Good Option?
Divorce attorneys in Georgia often opt for the mediation route to settle matters between both matters. This out-of-court settlement process is relatively easier for both spouses if they tend to agree on conflicting terms. It is important to show some flexibility during this process so you can reach an agreement. Your divorce attorney will put forward your viewpoint and demands based upon which a decision could be made.
Uncontested divorces in Georgia but certain conditions have to be met beforehand. To finalize the divorce, the spouse has to be a resident of Georgia for at least six months. Another important requirement is the presence of solid ground; Georgia considers both fault grounds and no-fault grounds.
For fault grounds, one spouse generally alleges the other one for misconduct or any reason which they find disturbing. In case of no-fault grounds, both spouses do not blame each other for anything and just accept that the marriage can no longer be sustained.
4. How to File an Uncontested Divorce in Georgia?
The procedure for filing and obtaining an uncontested divorce in Georgia is different. Your divorce lawyer must first file a petition on your behalf. If you have children, then the process can be lengthier. However, if there are no children then an uncontested divorce can be quickly obtained. It is also the most inexpensive divorce as there are fewer complications involved.
In the case of children, matters related to custody, expenses, and guardianship can become tough hence it might take more time and uncontested divorces may no longer seem a viable possibility. Therefore, one has to be extra careful.
Once the petition has been registered, then the case is filed to the clerk, or sometimes the sheriff from the County office has to be reached. Once the proceedings are complete and divorce is granted then each side has 30 days to respond.
5. How Do Case Hearings Work?
Any good divorce attorney in Georgia will guide you throughout this procedure, making sure all your documents are submitted timely. You are well represented and most importantly your demands are listened to.
When it comes to uncontested divorces in Georgia, attorneys also have a detailed session before any proceeding so the client is relaxed and comfortable. The client is taken into confidence about all the facts that will be presented so there is no miscommunication on any end. Hearings for uncontested divorces are usually simpler and shorter, it is most likely that a professional divorce attorney will clear you after one or two hearings. However, depending on the intensity of the case and the response of the other side, the duration could vary.
