An uncontested divorce is a divorce where both spouses agree on the terms and conditions of the separation, including child custody, child support, spousal support, and how to divide marital property. Many clients believe their divorce is “uncontested” because they agree to a divorce. This is not the case. To be truly uncontested, the parties must agree on terms resolving all issues in the divorce. This type of divorce is a much shorter and less expensive process than a contested divorce because all issues are resolved at the time the divorce is filed. Even if you have agreed on all terms of your divorce, it is important to at least consult a lawyer prior to preparing and signing your final documents to ensure you are protected.

AGREEING ON THE TERMS OF THE DIVORCE
As part of a uncontested divorce, the couple has to make a lot of important decisions for themselves and their family. These decisions include:

• Child Custody
• Parenting Time
• Child Support and Payment of Children’s Expenses
• Distribution of Marital Assets
• Division of Marital Debts
• Spousal Support (Alimony)

When the spouses can agree, then there is no need to have a court decide issues in your divorce. Thus, the divorce becomes uncontested. To memorialize this agreement, the parties can use consent orders to finalize the terms of the separation. Even if the case is an uncontested divorce, these agreements or consent orders need to be complete and contain provisions that protect your rights and interests.

Ultimately, when the couple signs their settlement agreement, the agreement is a binding document. The parties who signed the document have a contractual obligation to follow the terms of the contract. Once the document is signed, the parties may not be able to change their mind unless both parties agree to modify the terms of the settlement agreement. Once the agreement is filed with the Court, it becomes a binding court order. If you have any questions about agreements and consent orders in an uncontested divorce, consult an attorney before you make these serious decisions.

REQUIREMENTS FOR FILING FOR AN UNCONTESTED DIVORCE
Even if both spouses agree on the uncontested divorce, one or both spouses must still meet the minimum residency requirements for a divorce. In Georgia, either spouse must have resided in the state for a period of 6 months or more to file for a divorce. In addition, the spouses must be living separately from each other at the time of filing for divorce and must intend to remain permanently separated.

To begin the uncontested divorce process, one spouse must file a Complaint for Divorce. Ideally, the parties’ agreements are filed at the same time. The other spouse will either be served or will “acknowledge service” by signing a document indicating he or she has received the initial divorce filings. Georgia requires a statutory waiting period of 31 days from the date proof of service is filed in order to finalize the divorce. After the 31 day waiting period has expired, the applicable Court can approve the final documents and enter a Final Judgment and Decree of Divorce.

LEONARD FIRM
If you are considering filing for an uncontested divorce and want to know your options in seeking an uncontested divorce, the Leonard Firm is here to help. We will advise you of your rights, help you negotiate the terms of the divorce, and represent your best interests. Contact us today and see how we can help you and your family.

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