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Instead of fighting, why not consider an uncontested divorce in Georgia. Hire a family lawyer to take care of the situation.
An uncontested divorce is where both parties agree on all issues related to the division of property, debts, child custody, child support, and any other family law issues.
A contested divorce is where the parties can't agree on one or more of the above issues. When this is the situation, you will need an attorney to negotiate or litigate this disputed issue on your behalf. For this reason a contested divorce will be more expensive because it involves resolving some sort of dispute.
It will always in your best interest to agree on the big issues to avoid litigation, if you can. At times, the other person is being so unreasonable that this is not possible.
No matter your situation, I have been there for past clients and will be there for you.
The divorce filing fees are generally under $300.
The price of an uncontested divorce depends on several factors.
As a general rule of thumb:
If there are children involved in a Georgia uncontested divorce you must fill out a Financial Affidavit. The document serves as a list of all your finances and monthly expenses. For example, you would list your house payment , utility bill, including how much you spend eating out at restaurants in a month.
The next information you would include in your divorce would be when you separated and that you have lived apart since the date specified for the uncontested divorce. If you separated on September 11, 2010, then your Georgia divorce attorney will include it into your Georgia divorce papers and remember these dates are important. Call us if you have a question about an uncontested divorce in Ga, call us today.
In an Uncontested Divorce with no children, your divorce attorney will need to specify that you have no children together and that are not expected to have any children together. Your lawyer also must include the grounds for which you are getting a divorce. For example, your Atlanta uncontested divorce lawyer would state that your marriage has been broken and that there's no hope for you getting back together.
Can the Wife change back to her maiden name during the divorce?
Yes, the information should be included. For example, should Jane Doe Wright want to change her name back to her maiden name she should include that her name be returned. Call an Atlanta lawyer today at (404) 341-8485.
Another paragraph shall include your property and how it shall be divided up where your legal representative will list in separate sections who and what each spouse will receive. For example, if the Wife will receive her personal vehicle you would list it and what type of vehicle it is or if the Wife will receive all personal property you would list it here as well. Some couples will generate a “list” of all the property they are to receive.
In this section into which you will input this information, you should also include that you and your spouse have divided all property and that the other spouse releases any and all claims they may have to that property. Always include in your Georgia Uncontested Divorce agreement any and all debts that you may have together. Your attorney must list the debt(s) specifically and who's responsible for the debt(s). Make sure your attorney knows every item you want to include in the agreement.
Should you not have any joint debts you must specify that each party will be responsible for their own debt. They must also state that you will not apply for or get any joint debts that the other spouse will be reliable for. In getting a Georgia Uncontested Divorce you must waive all rights you may have to your spouse’s year’s support and/or any estates that they may have. Should you be entitled to alimony, it must also go in your settlement agreement. Call us if you have a question about an uncontested divorce in Ga, call us today.
Your lawyer must include the amount of alimony you will receive and when the payments will start. If you are not receiving any alimony you must state that you nor your spouse are to receive alimony payments.
If you should have any retirement, pension, or 401(k) plans, you must include this in your Georgia Divorce agreement. If you agree that one of you get a portion of these benefits, the information must go in your Uncontested Divorce agreement specifically. If there are no benefits claimed, or if you and your spouse agree that a claim is made on these benefits, then you must state in your Georgia Uncontested Divorce agreement that each party waives the right to the other’s benefits. Call today at (404) 341-8485.
You may have the question, what if my spouse and I have had wills drawn up with each other in them? It is important to include in your agreement that those wills become void upon your Final Judgment and Decree. This is another place where a discussion with your divorce lawyers will be needed. In an Uncontested Divorce, include in your agreement that each party has signed the document voluntarily and without any influences of any kind.
Should there be deeds, certificates of title or any other documents that are jointly in your names and should be transferred, there must be a paragraph in your separation agreement stating this. If you have a time frame for when this should be done you would list that in the paragraph as well.
The second document required will be a child support worksheet. This worksheet was designed for calculating the exact amount of child support you are entitled. The key factors for this worksheet would be the gross income amount for one month of both you and your spouse. Another key factor is if the children receive insurance, who pays the insurance and exactly how much is paid for one month.
Lastly, if your children attend daycare or some other type of after-school program you must include this as well. You would need the same information; who after-school school care and exactly how much will be paid for one month.
If you are seeking an uncontested divorce and you do not have any children together, there is specific information that must be listed in your paperwork in order to legally be divorced. The first document filed with the Court is a paper basically stating that you and your spouse are getting a divorce and to establish the county that you will be filing in, you must be residing there for a time period of six (6) months or more. Should you and your spouse be residing in different counties, typically you file where the Wife resides in.
Call an Experienced GA Divorce Attorney for Answers
Prices in Marietta:
Generally speaking, it depends on how much you want to fight. If you are in complete agreement on everything, then keeping your divorce under $1,000 is a potential. This is considered an uncontested divorce. A Cobb County divorce can usually be completed within the same day. Call today at (404) 341-8485.
Prices of an Atlanta Divorce:
Same answer as above. If you need a hearing, mediation, conduct discovery, and have a trial, then you are going to have pay for the time it takes any law firm to do those tasks. In certain circumstances, ask your Atlanta uncontested divorce lawyer about reducing litigation costs and legal fees.
How do you determine child support in a Divorce?
For Cobb County child support, the determination is based upon the Georgia child support guidelines. The law provides for some deviation, but the guidelines are fairly adequate consider all of the factors such as other child support obligations if you have children from a different marriage.
Must you modify child support in the same county as the original hearing took place? No. See the above answer.
Does it matter what county I live in? Let's say that I just moved into Fulton after living in Fulton for a few years. Is there a time requirement for filing in a particular Georgia county? See the above family law response.
Can we review your file that another attorney prepared? Yes, we can. Often times, one spouse will go have a lawyer and have documents drafted. Then, they are presented for the unrepresented spouse who signs them without understanding the documents and the terms of the agreement. We advise all family law parties to review their documents for accuracy.
Give my Atlanta law office a call and we can discuss each of these questions. I can provide you answers for each question in further detail. Call today at (404) 341-8485.
Common Questions About Uncontested Divorces in Ga
Joseph McClelland, Esq.