Uncontested divorce in Atlanta may be a way to get a quick divorce in Ga. Basically, if both spouses agree to everything, their divorce would be uncontested.
On the other hand, a contested divorce is a divorce where there is at least one issue that the spouses cannot agree upon. Any issues that the spouses cannot voluntarily agree upon would be resolved through a hearing.
What is an uncontested divorce in Atlanta?
An uncontested divorce in Atlanta means a divorce where all contestable issues (e.g., child custody, child support, alimony, equitable division of marital property, etc.) are resolved voluntarily by agreement of the parties. A divorce case could start off as contested but later turn into an uncontested divorce.
Also, when a defendant in a divorce action fails to file defensive pleadings, the divorce is, by definition, uncontested. Lucas v. Lucas, 273 Ga. 240 (2000).
Further, the failure of a party to file pleadings in an action shall be deemed to be a waiver by him of all notices, including notices of time and place of trial, and all service in the action, except service of pleadings asserting new or additional claims for relief.
What happens if a divorce is uncontested?
In an uncontested divorce, a written settlement agreement containing the necessary details would be drafted. A divorce settlement agreement would contain language regarding custody and child support (if it is an uncontested divorce with minor children), equitable division of marital property, alimony, and so on.
The divorce settlement agreement, along with other documents, would be submitted to the judge for review and incorporation into the final judgment and decree of divorce.
How long does it take to get an uncontested divorce in Atlanta?
You could get an uncontested divorce any time 31 days after service or filing of acknowledgment of service.
In a divorce action where no answer is filed, a divorce may be granted any time 46 days after service, unless the time for response has been extended by court order. Rule 24.6.
Do I have to go to court for uncontested divorce?
Whether you have to go to court for uncontested divorce in Atlanta depends on various factors, such as whether there are minor children involved in the divorce or not. Oftentimes, judges allow uncontested divorce cases without minor children to be resolved without any court appearance.
How much does an uncontested divorce cost?
How much an uncontested divorce may cost depends on many factors. Regardless of whether the divorce is contested or uncontested, you would need to pay a court filing fee of about $220 (the exact filing fee will depend on the county). If the divorce begins as contested (and then later becomes uncontested), there may be a fee for serving the divorce papers on the other spouse at the beginning of the divorce case. If you hire an attorney, there would be attorney’s fees as well. The total amount of attorney’s fees would depend on factors like that attorney’s hourly rate, fee structure, and so on.
Call Atlanta Divorce Lawyer for a free consultation regarding uncontested divorce in Georgia.