Divorce is never easy. Not only is it very difficult and complex emotionally, it can also be very expensive. The price of a divorce usually depends on both the complexity of a couple’s financial and family situation and how many disagreements exist between the parties. For couples who agree on the details of their divorce, filing for an uncontested divorce can be a good option. A Georgia family law attorney will typically provide assistance with an uncontested divorce at a reasonable all-inclusive price. On the other hand, contested divorces are usually billed on an hourly basis and tend to be significantly more expensive.
What needs to be agreed?
As with any divorce lawsuit, the same elements need to be resolved. For childless couples, these include alimony, debts, and division of assets. These two areas are broadly about money – who gets what and who gets paid. In the case of couples with children, decisions must also be made about custody, contact and child support. In an uncontested divorce, all of these items can be agreed by either spouse and submitted to the judge for approval. An uncontested divorce is a much more affordable divorce option because hearings, arguments, testimonies, and evidence are not usually required to determine the outcome of all these issues.
What documents are needed to file for an uncontested divorce?
Any divorce in Georgia requires a party to file a complaint alleging the proper grounds for the divorce. For convenience, the defendant usually waives service of process and their right to a jury trial on the merits. The next key document is the Settlement Agreement. This is a contract, usually drawn up by one of the parties’ lawyers, which contains the agreement on alimony, property division and debts.
For couples with children, issues of custody, child support, and visitation rights must be addressed and agreed upon by both parties. These questions should also be included in any settlement agreement. In addition to including these questions in the settlement agreement, the court also requires the parties to complete a child support worksheet, a parenting plan, and sometimes other related documents.
Can you put anything you want in a settlement agreement?
The short answer is yes. As discussed above, you can include terms for child support and visitation, property division, alimony, and anything else related to marriage termination. However, in order for the settlement agreement to be enforceable by the court, the competent judge must approve it and include it in the final judgment. If the agreement appears fundamentally unfair or otherwise problematic, the judge can decide to include only part of the agreement or reject the agreement altogether.
bottom line
For couples who want to divorce and can agree on the terms of the divorce, finding an uncontested process is a financially sound option. While the parties can represent themselves, it is important that you hire a Georgia family law attorney who can explain your options and ensure you submit all required documentation correctly. Call us today for a free consultation!
