What Is An Uncontested Divorce?
First of all, any divorce is a lawsuit and so it is potentially very
complex. However, an uncontested divorce is generally a
simple proceeding once a settlement between
you and your spouse has been reached and a formal settlement agreement has been signed. If you are having difficulty
in reaching a settlement, often using an experienced family law mediator will be a tremendous help. Our firm can
arrange mediation for you and, if necessary, represent and assist you at the mediation. However, this service is not
normally included in our flat rate fees.
An uncontested divorce (or "no contest divorce") occurs when: (a)
there are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and
support, division of marital property or spousal support, debts, etc.); and (b) your spouse either agrees to the divorce and
acknowledges service of process, or fails to appear in the divorce action.
So long as you and your spouse agree on all of the
major issues, you have a very good chance of
successfully completing a low-cost, relatively fast,
uncontested divorce even if there are still minor
issues on which you and your spouse have not yet
agreed when you first contact us.
It has been our experience that over 90% of our
clients who honestly believe that their case should
be uncontested and are committed to obtaining a
dissolution of their marriage in a low-key,
dignified and inexpensive fashion succeed with our
assistance. The first step is to
contact us for a
no-charge telephone consultation and to make an
appointment for an initial consultation.
In an uncontested divorce, we do not "serve" your
spouse with divorce papers using a deputy sheriff.
Instead, your spouse will simply sign a document to
acknowledge receipt of the paperwork. This
saves time and money while avoiding potential
embarrassment.
Let's be honest . . . virtually every divorce
is difficult and painful at some level.
However, not every divorce needs to be expensive.
You can make it though the process without
floundering with on-line "divorce kits",
without
spending a fortune
and with an experienced attorney
to guide you.
You may sue for divorce thinking that the proceeding will be uncontested,
but discover later that your spouse has decided to contest ("fight") the case or, more likely, decides that there is some
issue on which your spouse simply does not agree with you. Sometimes, even though both parties understand and
agree that the relationship is over and it is best to end the marriage, one of them simply refuses to cooperate in an orderly
process of divorce. If this occurs, you have a contested divorce and you probably need an attorney who will assist
you in resolving the dispute either by a trial or an eventual out-of-court settlement. If this is your situation,
you may wish to consult with our firm concerning a contested divorce if your case is in
Cobb County. But, if you only need to consult with an attorney for advice on paperwork that you have
been asked to sign, we can assist you regardless of whether your case is contested or uncontested and no matter what county
in Georgia your case may be.
For frequently asked questions and answers about divorce in general, the State Bar of Georgia's website may be helpful.
