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Posts Tagged ‘uncontested divorce Georgia’

Uncontested Divorce vs Contested Divorce in Georgia

Friday, April 13th, 2012

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The Differences Between Contested Divorce and Uncontested Divorce

The first step to filing for a divorce in any state is determining whether you plan on getting a contested or uncontested divorce.  If you are not familiar with divorce laws (most people are not if they do not have previous experience), you may not be familiar with the difference between the two.  However, the two types of divorce are extremely different, so it is important to know the difference between the two and which type is best suited for you.

Uncontested Divorce:

When couples seeking divorce are able to meet eye to eye in regards to settlements, alimony, child support and so forth, an uncontested divorce is appropriate.  Uncontested divorces are generally faster, cheaper and less messy.  In an ideal world, all divorces would be uncontested.  However, most couples seeking divorce don’t often see eye to eye when it comes to dividing assets and other possessions fairly.  Usually, a lawyer involved in an uncontested divorce is mainly responsible for drafting up a settlement agreement between both parties.

Contested Divorce:

Contested divorce in Georgia is very different from an uncontested divorce.  Couples who are not able to come up with an agreement in terms of settlements, child custody, amount of alimony and so forth should consider getting a contested divorce.  Filling for a contested divorces calls for the skill set, the familiarity with divorce law and the expertise of a divorce lawyer.

contested divorce in georgiaAlpharetta divorce attorneys have noted that couples who aren’t on speaking terms, couples where one spouse cheated on the other, or couples who absolutely cannot see eye to eye usually opt for a contested divorce.  Contested divorces are generally longer than uncontested divorces.  The speed of the divorce is dependent on how quick both parties can come up with an agreed settlement.

Determining Which Type of Divorce is Right for You:

It may be hard to decide what type of divorce is right for you in the beginning stages of your divorce.  Sometimes, it is difficult to determine whether a divorce is uncontested or contested in the beginning and what may seem to be an uncontested divorce can ultimately turn out to be contested in the end. The key question is whether you perceive that you and your spouse can work things out over the course of a divorce, but whether you have already done so. Hopefully this blog gives you a little better idea of what an attorney is really asking when he/she asks if your divorce is contested or uncontested.

Will Your Marriage Last? Reasons for High Divorce Rates in Georgia

Friday, March 9th, 2012

In 2002, the state of Georgia had one of the lowest divorce rates in the US with only 25 divorces per 10,000 people.  However, just within a decade, the state of Georgia has the eighth highest divorce rates in the nation.  The drastic change is shocking and appalling.  This sudden change has sparked the question of “what are the reasons for the change?” and “what are we not seeing behind the statistics?”

Are Georgians to Blame?

Despite the fact that the statistics do represent a huge increase for divorce in Georgia, other extraneous factors should be considered.  Within the past 5 years, the rate of marriages decreased by around 40%divorce in Georgia, which is a main contributor to the increase in the statistical representation of divorce in Georgia.

Beyond the Statistics

Overlooking the fact that marriage rates have decreased and thus inflated Georgia divorce statistics, we can pinpoint reasons for the increase in divorce rates.  Our struggling economy is one of the main speculations as to why the divorce rate has increased drastically in the past 5 years.  Generally, the average income rates for states in the South have been much lower than the national average.  Lower income rate and a bad economy can cause marital strife and complications.

The second reason for high rates of divorce is the young average marriage age.  Many young couples in the South choose to get married at an early age.  Lower income rates and younger marriage rates go hand in hand.  Couples who get married at an older age are more mature, have higher chance of finishing college, and statistically able to make more money.

The third reason for high rates of divorce in Georgia and the South is due to the lower than average number of couples who take part in higher education.  Data shows an inverse correlation between lower education and higher divorce rates.  More education leads to a higher awareness of family values and maturity, leading to higher chance of a successful marriage.

FYI: Georgia Divorce Laws

  1. Georgia has 13 grounds for divorce
  2. Must reside in Georgia for at least 6 months before filling for divorce
  3. Uncontested divorce in Georgia can be given 32 days after official papers have been received by the defendant
  4. Children over 14 can decide which parent has custody
  5. Both parents must provide financial support for each child until the age of 18

The Quickest Way to Get a Divorce in GA

Tuesday, November 22nd, 2011

Georgia Uncontested DivorceIf you’re looking to file for a divorce in Georgia and want it to be completed as quickly as possible so you can move on with your life, you do have some options, but even the fastest route will take a minimum of a month. Also, it may not be in your best interests to complete your divorce as quickly as possible, for a variety of reasons. Here are a few things you need to know about the time it takes to get a divorce in Georgia.

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Advantages of an Uncontested Divorce in Georgia

Monday, February 1st, 2010

There are many advantages to an uncontested divorce in Georgia, the most attractive of which is that it can be much less expensive than a contested divorce. Because an uncontested divorce usually involves less time, the legal fees associated with the GA divorce can be significantly less than if the divorce is contested. Oftentimes, there is no need for your GA divorce attorney to conduct much discovery, appear in court for numerous hearings, or spend a lot of time corresponding with the other side.

Another potential advantage of an uncontested divorce in Georgia is the simplicity of the process. If all the required paperwork is filed properly, an uncontested divorce in Georgia can be finalized as soon as thirty-one days after the filing of the complaint. Because there may not be a lot of haggling back and forth, it is generally easier for the parties to move on with their lives. A divorce is always a painful experience, but when the divorce is uncontested, the parties may be able to eliminate, or at least minimize, hostility.

GETTING STARTED

For advice on how to proceed with an uncontested divorce in Georgia, contact Kitchens, New & Cleghorn Atlanta Divorce Attorneys today!  We look forward to hearing from you!

The Basics of Uncontested Divorce in Georgia

Monday, December 28th, 2009

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.

Uncontested GA Divorces Without Minor Children

Friday, August 14th, 2009

An uncontested divorce in Georgia is a divorce in which both parties have come to an agreement resolving all issues of the marriage or where there are no issues to be resolved. An uncontested divorce without minor children is often easier to obtain than an uncontested divorce with minor children because there are fewer issues to grapple over. Without issues such as child support, child custody or child visitation, a divorce becomes much simpler.  A GA divorce without minor children may include issues such as the division of marital property and alimony payments. If the parties can reach an agreement resolving these issues, they can obtain an uncontested divorce.

An uncontested divorce is a desirable option to many because it is cheaper, less time consuming and allows the parties to more easily move on with their lives. If done properly, one can get an uncontested divorce finalized as soon as thirty-one days after the filing of the complaint.  Unfortunately, our attorneys find that it is often the case that couples who desire an uncontested divorce often find that they did not as readily agree with their spouses on all the issues they thought they did, and their uncontested divorce turns contested.

Getting Started

If you are dealing with a divorce in Georgia, whether it be contested or uncontested, we invite you to speak with one of our GA divorce attorneys for an initial case evaluation.  We handle clients throughout Georgia, with offices in Atlanta and Athens.  Please note that for a typical divorce proceeding, our law firm retainers begin at $2,500.00. To set up a consultation, please give us a call at (404) 239-3932,or visit our Atlanta divorce attorney page for more information.  Thank you and we look forward to working with you.

How Long Does It Take To Get A Divorce in GA?

Wednesday, March 11th, 2009

A question frequently asked of Atlanta divorce attorneys is “how long does it take to get a divorce in Georgia?”  The answer is ithat t depends on what type of divorce you are getting. I it is an uncontested divorce, that is the parties have reached a settlement agreement resolving all issues on their own and without court involvement, then a divorce in Georgia can be finalized in as little as thirty-one days after service of the complaint.  Indeed, many judges offer fast, easy ways to finalize GA uncontested divorces.

If a Georgia divorce will be contested, getting it finalized can take much longer.  A contested Georgia divorce often requires locating documents, witnesses, and other information.  It may also require taking depositions, getting appraisals, and attending several court hearings.  Generally speaking, the more contested and complicated the divorce is, the longer it will take to get  finalized.  Additionally, if you cannot locate your spouse and you must serve him or her by publication, you must wait sixty one days after the first date of publication.

Getting Started

The above information is meant as a brief summary of certain aspects of Georgia divorce law process and procedure.  To discuss different types of divorce options, and the length of time associated with each, we recommend that you seek the guidance of one of our Atlanta divorce attorneys.  We are proud to say that our attorneys are among the most  knowledgeable and experienced in the state.  Click here to see our Credentials and Client Reviews.  Please note that for a typical family law proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Divorce Attorney Homepage to fill out our contact information form.  Thank you and we look forward to working with you.

Uncontested Divorce in Georgia

Wednesday, March 11th, 2009

An uncontested divorce in Georgia is the quickest, cheapest and often most painless way to obtain a divorce.  Under GA Family Law, a divorce is uncontested if the parties have agreed to all issues regarding the dissolution of their marriage and there is nothing left for a judge or jury to decide. That is, they have divided all their assets and debts, and if there are children involved, they have agreed on child support, custody and visitation.

Not surprisingly, an uncontested divorce in Georgia is most common when the parties have not been married long and there are no children. However, obtaining an uncontested is possible in almost every situation if both spouses are willing to agree.

Sometimes, parties are able to come to an agreement before even filing for divorce.   In these cases, it is possible to get your divorce finalized in as little as thirty-one days after you have served your spouse with the complaint for divorce.  Other times, a divorce will start out contested, but the parties will ultimately enter into an agreement settling all issues.  Georgia mediation is a useful tool when trying to settle issues in a divorce case.  Of course, the more contested a divorce is, the more you are likely to pay in attorney’s fees because of the time involved.  Indeed, contested divorces can drag on for years, which create  emotional and financial stress for all involved.

Often, the obstacle to an uncontested divorce in Georgia is the inability to get your spouse to cooperate.  If possible, it is important to keep the lines of communication open.  Once you and your spouse are able to set emotions aside and focus on what needs to be resolved, you will have a much better chance of being able to finalize an uncontested divorce.

Getting Started

The above information is meant as a brief summary of certain aspects of Georgia uncontested divorces. If you are considering filing for a Georgia divorce, whether contested or uncontested, we recommend that you speak with one of our Atlanta family law attorneys sooner rather than later.  We are proud to say that our attorneys are among the most knowledgeable and experienced in the state.  Click here to see our Credentials and Client Reviews.  Please note that for a typical divorce or annulment proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Divorce Attorney Homepage to fill out our contact information form.  Thank you and we look forward to working with you.