What is an Uncontested Georgia Divorce? If there is agreement between the husband and wife on all or most matters involved in the divorce, including division of property and marital assets, child support, and child custody, if applicable, then the divorce is considered to be “uncontested.”  If there is disagreement about any matter, which cannot be resolved by the parties themselves, then the divorce is considered to be “contested.”  In contrast to an uncontested divorce, a contested divorce is obtained after a bench or jury trial in court.  The process for obtaining a contested divorce can take many months.

Why would you want an Uncontested Divorce? There are several advantages to obtaining an uncontested divorce in Georgia.  Uncontested matters take less time than contested matters because the parties are not haggling over the details of dividing up marital property or arguing over child support and custody issues in court.  Under Georgia law, an uncontested divorce may be granted 31 days after the defendant has been served with the complaint for divorce.  Uncontested cases are heard by the court much faster than contested cases since discovery and procedural motions take a lot of time.  Because uncontested divorces take less time, they are also less expensive than contested divorces, which results in more money in your pocket at the end of the process.   Since uncontested matters take less time, less money, and are often more amicable than contested matters, they tend to be less stressful for the parties and their children.  Individuals who pursue an uncontested divorce tend to get on with their lives faster and put their divorce behind them faster.  They avoid the stress, money concerns, and unknowns that go with a long, drawn out, bitter, contested divorce.   Most importantly, in an uncontested divorce, the parties are determining the outcome, not some third party judge who does not know the individuals involved.

Who should try to obtain a GA Uncontested Divorce? An uncontested divorce is recommended for parties who have no children or few children, very little or no property or assets, and who agree on all or most the issues involved in their divorce, including division of assets, debts, and custody of the minor children, if applicable.

If the husband and wife are not on speaking terms, or cannot agree on all or most of the issues involved in their divorce, then an uncontested divorce is not appropriate.  One of the more important aspects of an uncontested divorce is fluid communication.  Both parties must be able to discuss the important aspects of their situation.  Parties in GA who constantly argue over financial matters or issues involving the children are not good candidates for an uncontested divorce.  If you would like to know if you and your spouse are good candidates for an uncontested divorce, please contact us, and we would be happy to try to assist you.