attorney cumming ga

Uncontested Divorce

An uncontested divorce is a divorce in which both spouses are in full agreement upon all relevant terms such as asset and debt division, child custody and alimony. The attorney is paid to file the initial petition for divorce at the county courthouse. In addition to filing your petition for divorce, we can also help you calculate child support and create parenting plans that comply with the legal standards in Georgia that the divorce court will accept.

Terms to consider in an uncontested divorce:

A divorce attorney cannot represent both spouses at the same time in a divorce, however in uncontested cases, it isn’t necessary for both parties to be legally represented. Once all the terms for divorce are agreed to and meet the standard, we will file the petition for your divorce. In an uncontested divorce both the petition for divorce and the agreement are filed at the same time. Next, the judge will review the case and ultimately sign the final judgment and decree of divorce.

  • Asset Division: determine who will retain ownership of real estate, financial and retirement accounts, vehicles, boats and other personal property.
  • Debt Division: divide debts incurred by either spouse before and during your marriage.
  • Spousal Support: including whether and how much alimony will be paid. This can also include child support and attorney’s fees.
  • Child Support: monthly payments from one spouse to the other for expenses related to the care for your minor children.
  • Child Custody: determine the type of child custody arrangement which will work best for both spouses and create a parenting plan detailing parenting schedules including visitation.

How long does an uncontested divorce take?

Uncontested divorces in Georgia generally take about 30-90 days to be finalized, depending on the court’s schedule.

What is my spouse entitled to in an uncontested divorce?

The intention of the court is that all assets and debts be divided equitably In a divorce. Equitable means what is fair and equal as determined by both spouses. If you are unsure how to divide the assets, we can help you come to an agreement together.