Georgia Uncontested Divorce Attorneys
Call Now: 770-609-1247
Coleman Legal Group, LLC
Our experienced team of Georgia uncontested divorce lawyers have helped hundreds of clients successfully file simple and complex uncontested divorce cases for over fifteen years. Call 770-609-1247 to speak with an experienced Georgia uncontested divorce attorney to get more information. We have extensive experience with cases involving complex child custody, child support, alimony, spousal support, asset, debts and issues regarding estates and business ownership.
At Coleman Legal Group, LLC we understand that an uncontested divorce is very stressful and life altering. However, we will be with you every step of the way. We will not take what should be an amicable divorce and try to turn it into an overblown expensive prolonged contested matter. There are attorneys that try to do this on a routine basis, which is not in the best interest of their client. Trust your instincts and choose an uncontested divorce law firm that put your interests first. In limited cases, we also offer Flat Fee rates for divorce cases that qualify. The uncontested divorce attorneys at Coleman Legal Group, LLC are also experienced contested divorce litigation lawyers and will be able to deftly, effectively and aggressively represent you should your spouse ultimately refuse to agree to an uncontested divorce. Coleman Legal Group, LLC’s attorneys also practice in all other aspects of family law in Georgia, many of which can also be settled as uncontested matters.
What makes a Georgia divorce uncontested (vs contested)?
This is a very frequent question that clients have, an the answer is relatively straightforward: In Georgia, an uncontested divorce is a divorce case where the parties are in agreement to all the terms of the divorce before the case is filed. The most common terms that need to be agreed upon are:
- whether both parties actually agree to get divorced, and for the reasons given on the Complaint for Divorce
- how property, assets and debts will be divided
- how much, (if any) alimony will be paid
- how child custody and visitation with the parties’ minor children will be arranged and scheduled
- how much child support (if any) will be paid, and to which parent
In an uncontested divorce, both parties are willing to sign all of the necessary pleadings and agreements needed for filing the Georgia uncontested divorce with the court. In addition, the Georgia uncontested divorce will usually be based on a claim made by the plaintiff (the person filing the case) of irreconcilable differences. However, more than one reason can be give for the divorce, but most of the other available legal reasons for a divorce are are only usually alleged in contested divorce cases. See Grounds for Divorce, O.C.G.A. § 19-5-3.
The documents we include in our Georgia uncontested divorce filings include:
- Complaint for Divorce (or Petition for Divorce): The document (also know as a pleading) filed with the court officially requesting the court to grant a divorce.
- Verification(s): A notarized document attesting to the accuracy of the claims made in the complaint by the person seeking the divorce. A verification are also necessary for the Domestic Relations Financial Affidavit.
- Summons: The document giving notice to your spouse of the divorce filing and the time limit to respond to the divorce. However, responses (called an answer) are not required and are unusual in uncontested divorce cases, and will only delay the issuance of a Final Judgment and Decree of Divorce.
- Acknowledgement of Service: A notarized document signed by the other spouse in a divorce case. It is an admission that he/she has officially received a copy of the request for the divorce (Complaint for Divorce). The other party can either sign the Acknowledgement of Service or be served by a sheriff’s deputy or process server. However, the vast majority of people sign the Acknowledgment of Service as a part of a Georgia uncontested divorce.
- Consent to Try After Thirty-One (31) Days: A document executed by the parties that allows the court to expedite the divorce and grant it in as little as thirty-one (31) days, rather than waiting the normal six (6) months or more. This document does not mean that the parties will have to go to court, but rather it is a request that the court consider and finalize the case after thirty-one (31) days, the legal required minimum number of days.
- Motion for Judgment on Pleadings: A document filed with the court requesting that the court grant the divorce without a court hearing. In most Georgia uncontested divorce cases the motion is granted and the case is finalized without anyone having to go to court and testify.
- Divorce Settlement Agreement: A document signed by both parties and filed with the court outlining the entire divorce agreement of the parties (with the exception of child support and child custody).
- Proposed Order / Decree of Divorce aka Final Judgment and Decree of Divorce: A document submitted to the court to be signed by a judge making a divorce official and completed. This document is signed by the judge and is a court order.
- Domestic Relations Financial Affidavit (DRFA): A document signed under oath and notarized that is required by the court which summarizes the financial situation of the party signing the affidavit. See Uniform Georgia Superior Court Rule 24.2 and O.C.G.A. § 19-6-15.
- Affidavit(s): Depending on the complexity of the case there will usually be one or more affidavits filed in a Georgia uncontested divorce case.
In Georgia uncontested divorce cases involving minor children, we also provide the following necessary documents:
- Child Support Worksheet (CSW): A document that uses mathematical calculations required by Georgia law to calculate the amount of child support to be paid. Under Georgia law, in general a different Child Support Worksheet must be used for each child, setting the amount of child support to be paid till each child turns eighteen (18) or otherwise becomes ineligible for child support. Therefore, the number of worksheets required in a case is normally equal to the number of minor children involved in the case. Georgia’s Child Support Worksheet also allows for “deviations” which can lower or increase the child support amount depending on the situation and wishes of the parties. See O.C.G.A. § 19-6-15.
- Child Support Addendum (CSA): A document that describes in detail all the required aspects of child support in accordance with Georgia law (the amount of child support, duration of the payments, when paid, how paid, etc.) See O.C.G.A. § 19-6-15.
- Parenting Plan: A documents that comprehensively outlines all aspects of child custody and visitation, including, but not limited to: a visitation schedule, holidays, legal and physical custody, etc. See O.C.G.A. § 19-9-1.
How long does a Georgia uncontested divorce take to complete?
Most (but not all) uncontested divorces can be finalized within sixty (60) days of the filing of the case. Sometimes a final hearing in court will be necessary. Fortunately, when a final hearing is required, only the person requesting the divorce is required to attend. Also, when using the services of an experienced law firm, final uncontested divorce hearings in Georgia are usually short and end with the divorce being granted.
In a Georgia uncontested divorce, the husband and wife must be in complete agreement.
In a Georgia uncontested divorce, the husband and wife must be in agreement on how their property will be divided, on how their debts will be divided, and on what the terms for child custody and child support will be before the documents are filed with the court. Also, the husband and wife must be in agreement regarding how much (if any) alimony will be paid and for how long. If the husband and wife are not in complete agreement on all the required legal terms of a divorce, then they do not have an uncontested divorce case. To resolve this situation, the parties can continue negotiation, attend mediation, and work toward reaching a complete divorce agreement. If all else fails, one of the parties has the option of filing of a contested divorce case. When the parties are in total agreement regarding the terms of the divorce, the settlement agreement and related documents will need to be drafted in a legal format that the court will approve. The drafting of the documents required for an uncontested divorce can be quite difficult for an non-lawyer. Even an inexperienced lawyers will frequently make minor (if not serious) mistakes in drafting uncontested divorce documents. This is especially true when minor children are involved.
If your uncontested divorce case is important to you, hire an experienced professional Georgia uncontested divorce attorney.
The Georgia uncontested divorce attorneys at Coleman Legal Group, LLC have negotiated and drafted hundreds of simple and complex divorce agreements that the courts have approved and most without a court hearing ever being necessary. We have also helped several clients that have either reached an impasse with the court when trying to complete an uncontested divorce without the aid or an attorney, or wish to now settle what started out as a contested divorce.
Complex Asset Issues in Uncontested Divorce Cases
When an uncontested divorce involves complex financial issues and/or significant assets that need dividing, our attorneys can help prepare you for potential tax and related issues associated with your divorce. Our attorneys work with tax attorneys, experts, accountants and financial planners to help you formulate, negotiate and complete a divorce agreement that is truly in your best interest – now and in the future.
Simple Uncontested Divorces Cases
We also assist with simple divorces by helping guide our client through the legal forms and process, which will save you much time and frustration. We do this by helping move your uncontested divorce case through the court as quickly and efficiently. In many of our cases, our clients do not even have to go to court to get their final decree of divorce. We help our clients avoid court when possible by preparing and executing the necessary documents to avoid a final divorce hearing in court. In cases that qualify, we can offer Flat Fee rates for simple uncontested divorce cases where the scope of the case is limited.
Complex Issues in Uncontested Divorces
We are also experienced with more complex issues in uncontested divorces – and routinely help guide our clients through the process of putting complex asset and custody arrangements into a legal document the court will approve. Complex cases usually involve the following issues: split child custody, deviations in child support, multiple shared financial accounts or real property, significant property or debt division, or unusual child custody arrangements. Although a final court hearing is more common with complex divorce cases, it is still not uncommon for our clients with the even more complex cases to receive their final decree without ever having to go to court.
Uncontested Divorce Mediation and Negotiation
If your case is complicated or you are having difficulty reaching an uncontested divorce agreement, we strongly advise our clients consider mediation. When you are a client of Coleman Legal Group, LLC – we will be by your side every step of the way during mediation. We help choose the mediator that we feel will be most fair to you and will facilitate agreement. We also can usually schedule the formal mediation session in our office or in a neutral location that you will feel comfortable in. It has been our experience that when both of the parties truly want to reach an agreement that mediation usually works.
Give us a call at 770-609-1247 to arrange a confidential consultation with one of our Georgia uncontested divorce attorneys.
Coleman Legal Group, LLC’s Georgia uncontested divorce attorneys handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Sharon Springs, Marietta, Sandy Springs, Woodstock, Canton, Holly Springs, Douglasville, Suwanee, Buford, Kennesaw, Gainesville, Peachtree Corners, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings, East Cobb and Smyrna.
Our Georgia uncontested divorce lawyers handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
We have offices conveniently located at:
5755 North Point Parkway
Alpharetta, GA 30022
Phone: 770-609-1247 | Map
GA 400, Atlanta Georgia
1200 Abernathy Rd
Atlanta, GA 30328
Phone: 770-609-1247 | Map
|Johns Creek, Duluth GA
11555 Medlock Bridge Rd
Johns Creek, GA 30097
Phone: 770-609-1247 | Map
Duluth Georgia, Sugarloaf
125 TownPark Drive
Kennesaw, GA 30144
Phone: 770-609-1247 | Map
Copyright © 2019 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 51 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.