All About Uncontested Divorce in Georgia
The term "uncontested" means just what it states: the parties agree on all issues concerning the divorce. There are no unresolved matters at the time the case is filed, and everyone gets along. An example of issues included in an uncontested divorce are division of assets, alimony, child support, child custody and insurance. Oftentimes, even the division of personal property is resolved. Georgia courts have a form, the Joint Petition for Divorce, that allows couples to file for an uncontested divorce jointly with their attorney. If the divorcing couple is able to reach agreement on the divorce terms, they do not have to contest . It is only when the issues in the divorce are unresolved that the parties must go through a contested divorce process. When determining whether or not you and your spouse can file for a divorce based on uncontested grounds, consider the following: The criteria for an uncontested divorce in Georgia is simple: both spouses must agree on the divorce and the associated matters. The divorcing couple must jointly sign the Petition for Divorce in the presence of a notary public. The parties must have lived in Georgia as a resident for at least six months prior to filing for a divorce. In addition, at least one spouse must live in the state of Georgia for 31 days prior to filing.
All the Georgia Uncontested Divorce Forms You Will Need
For an uncontested divorce, Georgia requires only two basic forms: the Petition for Divorce and the Final Judgment and Decree of Divorce. Although these are just two forms, the guidelines for completing them will take some time. For a truly uncontested divorce, you must fill in certain information on the documents yourself. The petitioner then files the forms with the court and the court grants your divorce. The only other required form is the Verification to be signed by the spouse. Sometimes a spouse will complete this verification for their significant other, but generally speaking if you’re the petitioner (the person seeking the divorce), you’ll want to fill that out yourself. The Verification is basically a self-sworn statement under the penalty of perjury, that the allegations you make are true and correct. Even an uncontested action has a number of local rules that must be followed. If you are filing your divorce petition in Fulton or Gwinnett counties, Georgia, visit the superior court website for access to those rules or the court clerk’s office. Generally speaking, the lawyer or firm you hire to assist you should be guiding you through these local rules as part of their services to you.
Filling Out Divorce Forms
Step 1: Gather all Necessary Information
The first step to filling out your uncontested divorce forms is ensuring that you have all the right information. Read through the documents carefully to note what information is required, which may include:
Step 2: Fill Out the Forms
If you are completing the forms on behalf of your spouse, it’s essential to read through them first and understand everything that is asked. You can seek legal help if necessary.
When you begin to fill out your forms, be sure to include all required information. Use the instructions to help guide you along the way. Carefully review everything before simply signing and dating without looking through the entire packet. It’s best to do a thorough review before reaching this stage.
Step 3: Sign and Date Your Forms
Once you’ve completed every necessary form, double check everything again and be sure to sign and date each one where indicated. Some forms may require signatures from the other spouse or witnesses, as directed.
Common Mistakes: What to Avoid
One of the most important steps for completing any legal document is ensuring that you are fully honest and transparent throughout. Leaving or falsifying information can result in significant delays or even dismissal of your case. The rules for completing an uncontested divorce form in Georgia include:
Reviewing the instructions and clarifying anything you don’t understand is also crucial. If you are confused about how to fill out a certain section or what information is being requested, consider seeking counsel first to prevent delays.
Considerations for Filing Your Forms
Once you’ve completed all your forms and gathered the necessary documentation, the final step is filing your forms with the court. In Georgia, this typically involves visiting the Clerk of Court’s office and filing everything in person. You may also be able to file online; however, not all jurisdictions allow for this.
Be sure to research and understand your local jurisdiction’s specific requirements for filing, so that you know exactly what to bring to the Clerk’s office. If you are not able to complete everything in a single trip, consider making a checklist of other documentation you may need, such as additional forms or notarized documents.
Filing Your Divorce Forms
After completing your divorce forms, your next step is to file them – with the right court and in the right county. So, where do you take your forms?
If you and your spouse have minor children, you must file in the Superior Court of the country where either you or your spouse lives. Because most people who have children also have a marital home, it’s rare that you wouldn’t file in the county where you lived when the divorce was filed. It’s a good idea to double check with your court clerk’s office before filing, though, to be sure.
If you and your spouse don’t have minor children, your divorce is an uncontested divorce by agreement, and the division of property is agreed, you don’t have to include your completed Georgia divorce forms in your family law case, you can file all those forms at the same time you file for divorce . But, if you including both your divorce forms and your final divorce agreement at the same time, you must file them in the county where either you or your spouse lives.
Filing fees in Georgia – on a per county basis – can run anywhere from $125.00 to $209.00. If you’re not sure of the fee for filing your petition in the county where you live, visit your local family law courthouse or the court clerk’s office and ask. In many counties, there’s a limit on the number of pleadings, motions and discovery requests that can be filed for a single fee. The same is true for documents filed with your completion divorce packet. Please keep this in mind when you are preparing your divorce papers.
After Filing: What Happens Now
After the uncontested divorce forms are filed in Georgia and all forms have been filed as per proper protocol, you will be notified of the next steps in the proceeding. If you and your spouse are in total agreement you may not have to appear in front of a judge at all, but you can expect to be called with a date and time for a final divorce hearing.
Under Georgia divorce laws, if there is no opposition to your divorce proceeding, and all the other forms have been filed properly, you will not need to appear in front of the judge unless one is requested. In many cases, the hearing is scheduled at a time agreeable to all parties so that you can attend, and in some cases a court reporter attends the hearing.
If a court reporter is in attendance you can expect that the judge will make an oral record, ask you questions about your marriage, the financial aspects of the divorce, and the custody arrangement for children if applicable.
You can also expect that the oral record is supplemented with a written final decree of divorce.
Some judges today mandate that the final decree be submitted to them through email, while others still request a hard copy of the order in final form on their desk during the final hearing. In the case of email submission, you will still need to pay a filing fee at the time that you submit the order because the judge’s office cannot accept PDF formatted orders.
The Perks of an Uncontested Divorce
The primary benefit of an uncontested divorce is the time involved in obtaining the divorce. Since no contested issues are present in an uncontested case, litigants are often able to obtain a final decree of divorce in as little as 30-90 days. More importantly than the amount of time required, however, is the emotional savings of being able to put the matter behind you in 30-90 days. Since litigation can take anywhere from six months to two years, the ability to gain closure in a short period of time is the most important benefit of an uncontested divorce.
Uncontested divorces are generally less expensive than contested divorces. The cost savings generally come from the lessened amount of attorney’s fees spend on the case (a matter of several hundred dollars versus several thousand) .
There are several reasons however that an uncontested divorce may not occur. Most often, a litigant will be unable to afford what is properly theirs or is afraid that their rights will not be protected. Of course, the question arises, "Is my spouse reasonable?" A spouse that has always been reasonable and fair may make a good candidate for an uncontested divorce. However, no one has a crystal ball. Often people change after a relationship has ended or are dealing with extreme emotions. If we had a dollar for every time a spouse said "We will have an amicable divorce" only to be surprised at the other parties reaction to the divorce process, we would be retired in the Bahamas!
