What Is An Uncontested Divorce?
Divorce proceedings in Georgia vary considerably depending on the circumstances. At Miles Hansford & Tallant, LLC, in Cumming, our family law attorneys are well-positioned to handle divorce cases that are resolved with minimal conflict and disagreement.
If both spouses are in agreement on all issues, including property division, spousal/child support and visitation, a divorce can be finalized primarily through filing paperwork with the court. A final hearing is not usually necessary so the parties never have to appear in court. If a final hearing is necessary, only one spouse’s presence is typically required.
The Uncontested Divorce Process
Only one party needs to file the initial petition for divorce. Arrangements can be detailed with a marital settlement agreement that is filed with the court. The other spouse usually signs an acknowledgment of service document that indicates they have received the petition for divorce.
If children are involved, the parties have to file a parenting plan that details custody arrangement for the children such as visitation schedules and holiday time. The parties also have to prepare a child support worksheet to identify how any support is going to be paid between the parties.
In most cases, the court also requires documentation of each spouse’s financial situation. However, in uncontested divorce matters, the parties may sometimes be excused from filing this information.
The parties also have to execute a document known as “Consent to Try In 31 Days.” This document allows the court to grant the divorce after 31 days. According to Georgia law, a divorce may not be done more quickly than that time period.
When all the necessary documents are prepared and filed with the court, and after 31 days from the date of the acknowledgement of service, the court will enter a final judgment and decree, which finalizes the uncontested divorce. This document can restore a wife’s maiden name and makes the parties’ settlement agreement an official order of the court.