In any divorce, it can be tricky splitting up assets, dividing debt, and finding a custody arrangement that works best for the kids. Even when couples enter divorce proceedings with the best intentions to move quickly and not argue over details, it’s still a lot to process and work out—especially when emotions are high.
When we see clients looking for a Marietta divorce lawyer, many bring up the possibility of an uncontested divorce. While an uncontested divorce is typically the fastest, least expensive path to divorce, it requires complete agreement between the spouses. As you can imagine, that’s tricky to pull off. Many couples, even those splitting amicably, find they don’t agree on every point and will actually have a contested divorce, requiring help from a Marietta divorce attorney.
Below, you’ll find some of the top questions our clients ask us about uncontested divorce in Georgia.
What’s the difference between a contested and uncontested divorce?
As we mentioned earlier, an uncontested divorce requires both parties to agree on everything. That means the division of investments, debt, pensions, and property. If you can’t come to an agreement on every point, you’ll need a contested divorce—a process that can still move smoothly and quickly with the help of a Marietta divorce lawyer.
Do I need to live in Georgia to file for divorce here?
No, but at least one spouse must live in Georgia and have been here for at least six months. Both spouses can also agree and consent to a particular venue.
How much does an uncontested divorce in Georgia cost?
The average cost of an uncontested divorce in GA is between $500 – $1500, though again, this requires both parties agreeing on all points. Be wary of companies that merely send you “forms”, rather than actually handle your divorce from beginning to end including drafting all pleadings, filing, and finalizing the divorce. While you might save money upfront with an uncontested divorce, in the long run, it’s often in your best interest to have some back and forth on some points. If kids are involved, it’s especially important to have a lawyer look over your documents to make sure the custody arrangements, child support agreement, and parenting plan are all in the children’s best interest.
How long will it take to get an uncontested divorce?
Once the couple files an agreement, it usually takes the judge about 45 days to issue the final decree.
What will I need to file an uncontested divorce?
This varies between counties, but even an uncontested divorce will require multiple documents, including a divorce settlement agreement, a domestic relations financial affidavit, and a parenting plan if minor kids are involved.
What will a prenuptial agreement mean for an uncontested divorce?
A fair, enforceable prenuptial agreement should make uncontested divorce in Georgia easier, as it will likely help divide the couple’s assets. But prenuptial agreements don’t handle issues of child custody or child support, so it’s possible a couple will still mount a contested divorce to ensure the best outcome for their kids.
Why do I still need a divorce attorney for an uncontested divorce?
In some extremely simple divorces—ones where the partners don’t share assets, debt, or minor children—it’s possible to have a successful uncontested divorce without representation. But in most cases, divvying up a marriage is more complicated. It’s challenging to agree on every financial and custodial point, and it’s not always in your best interest to do so.
Speak with a Qualified Marietta Divorce Attorney
An uncontested divorce lawyer can help you figure out if your divorce is truly uncontested or not. If you find there are points of disagreement, it’s also still possible to move ahead in a swift, amicable way. In fact, at Bivek Brubaker & Prescott, we specialize in collaborative law, a cooperative approach that helps couples avoid messy court litigation. While we’re always ready to go to court for our clients, we understand and appreciate that many folks are looking for the quickest resolution to an often painful time. If you’re considering divorce, contact our Marietta divorce attorneys or call 470-663-9404.