Is Uncontested Divorce An Option For You?
Divorce is almost always an unpleasant experience. However, if spouses can agree on important issues – like who should have custody of the children or how property and debts should be divided – the process can be made easier in so many ways.
At my family law firm, Candace M. Williams, P.C., I can help you handle the details of your divorce and formalize mutual agreements regarding important issues. I’ll also ensure that you have met all the legal requirements to qualify for an uncontested divorce in Georgia.
When An Uncontested Divorce Makes Sense
Divorce comes in a lot of different colors and shapes and sizes. The reasons that most people think about for ending a marriage are dramatic ones: adultery, lies, criminal charges and so on. But most marriages end for much smaller reasons.
When people don’t find their relationship working anymore or when they’ve fallen out of love with their spouse are situations that tend to lead to divorce. You can care about someone immensely and still wish to end your relationship with them. For couples divorcing under these conditions, an uncontested divorce just makes sense.
Contested Vs. Uncontested
When we talk about uncontested divorces, the natural consideration is to look at what a contested divorce is at its core. The popular perception of a contested divorce is one that involves major animosity and disputes, and that’s true and misleading at the same time. A contested divorce is one where the central terms of the divorce are not in full agreement, including:
- Property division: If you and your former spouse cannot agree on how the estate gets divided, the court will have to step in.
- Child custody: You will need to settle all discussions of your parenting plan and custody agreement, and if you can’t reach common ground, the court will have to find an order.
- Child support: Your child support agreement must adhere to state law, and no agreement between parties can change that.
- Alimony: If one spouse needs or believes they need financial support, and the other spouse doesn’t think it’s necessary, then the divorce cannot be uncontested.
Contested divorces don’t have to be high on conflict. They just have to be divorces where the spouses do not or cannot agree on the main pieces of the process. That’s all. However, that initial disagreement can snowball quickly into a much bigger problem.
The Benefits Of An Uncontested Divorce
The uncontested divorce offers two potential benefits to you. The first is speed, efficiency or whatever you want to call it. If all the matters of the divorce are settled by the spouses before the paper work, then the court doesn’t have to settle issues. This makes it faster for you, as you’d only have to go through Georgia’s divorce waiting periods. Additionally, since the process is faster, you’ll spend less money on attorney fees and court costs.
While money isn’t everything, achieving long-term peace is. An uncontested divorce is probably your best chance to leave divorce with the fewest pain points and frustrations. The lingering pain of a hard-fought divorce can sour a relationship between co-parents for years. An uncontested divorce lets you put the marriage that didn’t work behind you and focus on the future.
Providing Comprehensive Advice To Clients Who Are In Agreement
Even though you might be in perfect agreement on all aspects of your divorce, it’s very important to keep in mind that complications can sometimes arise. As such, it’s important to have an attorney in your corner who can review and resolve issues concerning:
- Adherence to state laws for child custody arrangements and child support agreements
- State requirements on grounds for divorce, length of residency and even jurisdiction over proceedings
- Visibility on both sides to relevant financial information
- Potential debts that should be covered in the divorce agreements
- Future financial obligations that should be considered as part of the divorce settlement
- Distribution of current and future benefits, like pensions, 401(k)s, retirement accounts and insurance policies
Even though uncontested divorce can help you avoid a potentially lengthy legal process, it’s important to have experienced, trustworthy counsel in your corner to make sure you haven’t overlooked something important. If you overlook a debt, an asset or even a future financial need, you may not be able to go back and amend the divorce agreement once the judge has finalized the order.
Emerge From Divorce Confidently – Contact My Firm Today
When you and your partner have reached a consensus, I will finalize the marriage dissolution quickly and affordably. Choosing not to haggle over small matters is usually a wise decision, and I can make sure that you are not taking any undue legal risk as you end your marriage peacefully and efficiently.
Call Candace M. Williams, P.C., at 470-705-5442 or contact me online to schedule a consultation with a divorce lawyer in Gainesville, Georgia.