Get Divorced Quickly On Your Terms
The legal process that follows the dissolution of marriage can be extraordinarily taxing. Legally complicated, emotionally draining, and defined by contentious court battles that can drag on for years, a divorce case can cause unbearable pain and trauma – not only to both parties involved, but also to their children.
Thankfully, Georgia law allows for an alternative that can bypass all of this anguish: uncontested divorce. This differs greatly from a contested divorce, in which a couple is unable to agree to specifics as far as child custody, alimony, or division of property. A contested divorce is not only the most drawn-out and financially draining type of divorce, taking years and tens of thousands of dollars to settle, it also makes the particulars of your divorce a matter of public record.
Beyond that, a contested divorce places much of a couple’s fate in the hands of a judge that neither of you know. Since the state of Georgia is considered an “equitable distribution” state, in which assets must be split as evenly as possible in a divorce, it falls to government officials to draw those lines when a couple can’t agree to terms.
By contrast, an uncontested divorce allows you to make your own decisions as to the distribution of assets, keeps your personal affairs out of the public eye, and can be incredibly quicker and cheaper. In fact, some uncontested divorces can be settled in as little as 45 days. Both parties agreeing on every aspect of the divorce allows both parties to avoid a costly trial and move on with their lives.
UNCONTESTED DIVORCE
Divorce
We file the same day you sign! Georgia has a 30 day “cooling off” period. We submit your documents or request the uncontested hearing as close to the 31st day as possible!
Flat Fee
We charge a single, flat fee for uncontested divorces. That one fee covers a consultation to tailor the documents to your specific needs, filing fees, drafting the documents, signing and notarizing!
Hassle-Free
We handle our uncontested divorces like real estate closings! You tell us what you want; we draw up the paperwork; you both come in and sign all the documents at once. Then, we handle the rest!
Other Matters
In addition to Uncontested Divorces, our attorneys can help you with uncontested Legitimations and Custody and Child Support Modifications too! We offer the same flat fee for these services!
Why an Uncontested Divorce is More Beneficial
The Busbee Law Group encourages all of our clients to at least consider not only the benefits of an uncontested divorce, but the drawbacks of a contested divorce. After reading the following, you’ll have a better understanding of what makes uncontested divorce the best choice for your financial and personal well-being.
Contested Divorce is
- Expensive: In the short term, you’ll be paying for court costs and legal fees. In the long term, the assets you lose and the tax consequences can be considerable.
- Time-Consuming: Divorce proceedings are notorious for dragging on for months and sometimes years.
- Emotionally Draining: The court case will take a tremendous toll on your emotional well-being, plus make you more likely to make emotionally charged decisions.
- Difficult on Children: In a contested divorce, children suffer the most and endure trauma and uncertainty that can lead to challenges in adulthood.
- Public: As a matter of public record, all the details of your divorce will be readily available to the general public.
- Expensive: Combined, a contested divorce with each party represented by an attorney will cost the parties at least $10,000.
An Uncontested Divorce, On the Other Hand, is:
- More Cost Efficient: Bypassing a trial means fewer legal fees and court costs.
- Faster: Uncontested divorce proceedings are concluded much quicker, as both parties begin the process in agreement on terms.
- Easier on You: Eliminating the emotional toll of a protracted court battle allows for a better post-divorce relationship, plus provides both partners with a greater measure of control, flexibility and predictability.
- Less Difficult on Children: Allowing children to see that both parents can remain in agreement despite their divorce eases the stress on them tremendously.
- Private: The details of an agreement reached through each other or independent mediation do not enter the public record.
- Busbee Law Group has been helping the people of Statesboro, Bulloch County and surrounding areas since 2014, including:
- Savannah, Pooler and Chatham County
- Springfield and Effingham County
- Sylvania, Rocky Ford and Screven County
- Swainsboro and Emanuel County
- Metter and Candler County
- Millen and Jenkins County
How Uncontested Divorce Works
While uncontested divorce is a far simpler process than contesting a divorce through a lengthy trial, it is still beneficial to see all the steps you must take in order to get the process started. First, you must file the paperwork with the court. You can either download the necessary forms online or visit the Superior Court clerk’s office closest to where you and your spouse live.
Once the paperwork has been filed, notify your spouse either in person or by having the papers “served” to them by a sheriff’s deputy or a third party. Your spouse’s signature on the divorce papers, certifying that they’ve been made aware of the divorce, will hasten the process. They have 30 days to reply, but usually with an uncontested divorce it won’t take as long.
At this point, all that remains is finalizing the divorce by creating a divorce agreement. There are several forms that must be filed out and documents that must be collected in creating this agreement. The following are a few of the forms involved, although your specific circumstances may affect which are necessary.
Complaint for Divorce: Outlining the reasons for divorce and specifics of property division, alimony and child custody, this is the form that begins the divorce process.
Summons: These are the forms given to your spouse that make them aware of the legal action you are taking.
Verification: Requiring a signature in the presence of a notary, this form verifies the information put forth in the original complaint.
Settlement Agreement: A crucial component of an uncontested divorce, this form outlines and codifies the terms of the settlement, from custody and support of children to division of property and alimony.
Parenting Plan: This form, required as part of an uncontested divorce by the state of Georgia, outlines the specifics of the co-parenting arrangement for minor children. This includes plans and schedules for visitation and custody, delineation of responsibility and more.
Child Support Worksheet: On this form you’ll use guidelines set by the state of Georgia to calculate and formalize the amount of child support to be paid.
Domestic Relations Financial Affidavit: This form requires each spouse to list their complete financial statement, including income, expenses, assets and liabilities.
Acknowledgement of Service: On this form, the spouse who did not initiate the divorce certifies that they have received divorce papers and thus do not need to be formally served.
Notice of Hearing: This form simply lists the date of the court hearing in which a judge will review all documents and grant approval for the divorce.
Final Judgment and Decree: This is the document that a judge will sign after reviewing all necessary paperwork, finalizing the divorce.
Report of Divorce, Annulment, or Dissolution of Marriage: Following the divorce, this form relays the information about the divorce to the Georgia Department of Public Health.
Your specific situation, as well as the county within the state of Georgia in which you reside, will determine which of these forms you’ll require.
Frequently Asked Questions about Uncontested Divorce in Georgia
- Does an uncontested divorce require a court date?
Not necessarily. Depending on the county in which you reside, and the specifics of your divorce, it may be sufficient for a judge to merely review the paperwork, outlining the terms both parties have agreed on, and grant the divorce if satisfied with the documents. - If the divorce is uncontested, do I still need an attorney?
An attorney is not a mandatory part of an uncontested divorce, but having an attorney involved helps protect your rights and ensures that all legal procedures are being followed correctly. Please note that any one attorney can only officially represent one spouse, lest there be a conflict of interest. - Are we required to seek mediation?
Much like having an attorney helps avoid any complications, mediation is not mandatory, but can help resolve all differences before paperwork is filed. And as Georgia law requires that all division of property, child custody and child support be agreed upon beforehand, mediation is a great way to reach these agreements. - Do we have to legally separate before divorce?
Not at all. The state of Georgia does not recognize “legal separation” as a concept. State law does, however, allow for “separate maintenance,” which is very similar. Should you and your spouse choose, you can live separately while your uncontested divorce is being finalized.
The Busbee Law Group Difference
At Busbee Law Group, we pride ourselves on helping clients navigate the often-treacherous situation of a divorce with as little stress or anxiety as possible. One way we do this is through a one-time flat divorce fee for uncontested divorces. All you and your spouse need to do is share the specifics of what each of you would like to agree upon, and we will calculate everything. This not only offers you both an affordable way to keep your hard-earned money, it provides transparency at the outset of the process. No hidden fees, no hourly rates to budget for, just a single fee that streamlines the path toward an amicable resolution.
We put our entire team behind you, helping ease your burden during an emotionally difficult time. Divorce can be stressful, but it doesn’t need to be. Let The Busbee Law Group help steer both you and your spouse to a peaceful resolution and resolve your uncontested divorce by filling out your contact information below.
