What is an uncontested divorce?
An uncontested divorce can often be obtained more quickly and at less expense than a contested divorce or divorce that goes to trial for a resolution of all of the issues in the divorce. An uncontested divorce can only occur when both parties agree to all of the terms of the divorce. Significant disputes over child custody, child support, visitation rights, alimony, or property division will prohibit a divorce from being uncontested.
An uncontested divorce is one where everything has been agreed upon by you and your spouse. The agreement resolves such issues as property division, matters related to children, child support, and alimony in a way you both believe to be reasonable and fair. It is usually easier and less stressful than a contested divorce. Everyone can save money and time. If you work out an agreement, the terms of your agreement can be put into final form by a family law attorney. The guidance of a family law attorney in the discussion is usually extremely helpful and cost effective. A divorce is contested when you and your spouse have not yet reached an agreement to settle the issues or circumstances of your marriage reasonably and fairly. You have problems that have not yet been resolved. The court will then make the decision for you. This takes time and can sometimes be quite costly.
An uncontested divorce is a divorce which has no outstanding issues and is settled either with an oral agreement, or a formal written agreement called a Marital Settlement Agreement. Even though all issues may be resolved in your case, one of the parties must file a Complaint for Divorce, appear in Court, and complete the uncontested divorce process. It is not unusual for parties to settle their issues, complete a Marital Settlement Agreement, and then file a Complaint for Divorce to complete the divorce process.
An uncontested divorce is one in which both parties agree to the divorce and the terms of the settlement without going to trial. This does not mean there are no arguments or disputes between the spouses. It simply means the spouses reach an agreement without going to court and having a judge resolve contested issues. Uncontested divorces move much faster through the court system and are therefore less expensive. In addition, bypassing the lengthy litigation and trial process tends to reduce hostility and allows the former spouses to move on with their lives more quickly.
Simply put, an uncontested divorce is where both the husband and wife pretty much know how they want to divide all of their assets and their debts. This is also the least costly form of divorce. There are usually no minor children involved in these types of cases, and the parties probably have not accumulated many assets. This is not to say that if you do have minor children you will not fit into this category – that may very well be the case. Also, even if you have accumulated a large amount of assets, an uncontested divorce may still work for you. For these and other reasons, it is important to seek legal advice from a Georgia divorce lawyer when creating a settlement agreement, especially when there are minor children involved.
