Uncontested divorces with children in Georgia are possible if both parents can agree to all terms of the divorce including the custody, decision making authority, visitation, and child support.
If both parents can agree then they will be able to complete the uncontested divorce process; which can be less expensive and more expedient. However, in cases in which the parties have minor children they will be required to file specialized paperwork indicating to the court that there are minor children involved in the case. This paperwork will allow for the judge to appoint a court liaison to interview the parties to ensure that the case is able to proceed as an uncontested divorce. If it is discovered that the parties are unable to agree on any aspect of the divorce or concerns in relation to the children then the uncontested divorce process will be stopped at this time and the parties will need to refile for a standard contested divorce to have the judge rule on the matters.
Completing an uncontested divorce with children can be more difficult as there are generally concerns on the part of the parties that lead to conflict.
Even if the parties initially believe that they will be able to mutually agree for the benefit of the children – it is not uncommon for the parties to change their opinion once the process of divorce has begun. This is primarily due to the fact that most parties do not take into account additional legal factors concerning minor children outside of custody and visitation. If parties have minor children and intend to proceed with an uncontested divorce then they should both consider hiring legal representation with experience in family law.
To determine if an uncontested divorce is right for your family you should review all items that you intend to include in your parenting plan and openly share this with the other spouse.
Sharing this information can allow for parties to develop compromise and can allow for the parties to detect conflict early on. It is important to remember that the process of an uncontested divorce can offer children more security in the divorcing process and demonstrates to the children their parents can still effectively work together and care enough about them to not subject them to the turmoil caused by a highly contested divorce. Although an uncontested divorce is preferable it is not always obtainable; especially in situations in which there are exigent circumstances.
Situations in which an Uncontested Divorce with Children is Not Probable:
- Concerns of a party being an unfit parent.
- Concerns of abuse.
- Concerns of neglect.
Other Factors that May Make an Uncontested Divorce with Children not Feasible:
- The parents disagreeing on terms of custody – sole custody of a parent with visitation, joint legal custody, signing over of custody rights, etc.
- The parents disagreeing on terms of visitation – who should get visitation, when visitation should occur, visitations falling on holidays, etc.
- The parents disagreeing on exposure of children to objectionable materials, exposure to a paramour, exposure to alcohol and drugs/cigarettes, exposure to weapons, etc.
- The parents disagreeing on cohabitation between unmarried individuals between spouse and girlfriend and boyfriend.
- The parents disagreeing on the living or visiting conditions of the children in the home. Eg.: The parties disagree regarding the size of a home, the limited availability of separate bedrooms, or a person that may live in the home and smoke in the home around the children.
- The parents disagreeing on transportation arrangements for visitation.
- The parents disagreeing on educational arrangements. Eg.: Public School vs. Private School, which school the children will attend, the school district the children will reside in.
- The parents disagreeing on the amount of child support, which is generally based on calculations using a Child Support Worksheet.
- The parents disagreeing on medical arrangements including health, dental and vision insurance.
- The parents disagreeing on religious affiliations – especially in cases where the parents are of different religions. Eg. Attending religious services or not; the religion the child is raised with.
- The parents disagreeing on extracurricular arrangements – either due to injury risk or due to the child’s documented health concerns.
- The parents disagreeing on day to day decisions made by one of the parties. Eg. Activities, bed times, discipline, etc.
At Coleman Legal Group, LLC – our Georgia Uncontested Divorce attorneys excel at taking complicated custody and child support issues and making them manageable and understandable so that an uncontested divorce will be a success. Call 700-609-1247 to speak with one of our Georgia Divorce and Family Law attorneys now. Contact >