Uncontested Divorce Attorney In Lithonia
Ending a marriage is a life-altering transition that could become a lengthy, contentious legal battle if the parties cannot agree on the key issues of the divorce. A quicker, less expensive and more amicable alternative is an uncontested divorce. The parties must still be able to reach an agreement before a divorce will be granted, though, which makes having the advice and guidance of an experienced divorce attorney crucial.
Our lawyers at E.N. Banks-Ware Law Firm, LLC, a premier family law practice conveniently located in Lithonia, routinely represent clients in uncontested divorces throughout Georgia. They leverage their negotiating skills to help our clients reach agreements on the key issues of their divorces, handle all the necessary court filings and work to protect our clients’ best interests. If you think that an uncontested divorce is the best option for you, contact our office today for a free evaluation of your case.
What Is An Uncontested Divorce?
An uncontested divorce is one in which the parties agree on all issues before any documents, including a settlement agreement and parenting plan, are filed with the court. The key issues that must be resolved include:
- Division of property
- Spousal support
- Child custody
- Child support
In short, both spouses must agree on how to divide assets and debts, determine spousal support amounts and, if minor children are involved, how to share custody and child support. Details of each are as follows:
- Marital property: The parties must agree on how to divide property that was acquired during the marriage – such as real estate, bank accounts, retirement accounts, investments and debts – according to Georgia’s rules of equitable distribution. This does not mean that the marital property will be split evenly; it will instead be split in a way that is fair and equitable to each party.
- Spousal support: Typically referred to as alimony, spousal support involves two types of financial support – temporary and permanent. The former is usually awarded for a short period of time after the divorce is finalized, and the latter is granted for an indefinite time period until the receiving spouse is able to earn sufficient income or remarries.
- Child custody: The spouses reach an agreement on a parenting plan that must be approved by the court. There are two types of custody: legal custody, which determines each parent’s right to make decisions about the child’s education, medical care, etc., and physical custody, which determines with whom the child will primarily reside and the other parent’s visitation rights.
- Child support: Child support determinations are based on an income shares model that considers the combined income of both parents, the number of children, the costs of child care, medical expenses, educational expenses, extracurricular activities and other factors.
Once the spouses reach an agreement on these issues, they will submit their divorce paperwork, and a judgment of divorce will be granted, often without the spouses having to appear in court.
Benefits Of An Uncontested Divorce
An uncontested divorce has a number of advantages, not the least of which is that it costs much less than a litigated divorce. A contested divorce means paying an attorney to prepare documents; make court filings, court appearances and phone calls; conduct correspondence; and manage expenses – all of which can become expensive. Additionally, an uncontested divorce is more efficient because reaching a settlement may take a few months rather than a few years.
The greatest advantage of an uncontested divorce is that it is much less of an emotional challenge for the entire family. If minor children are involved, the cooperation of their parents during and after the divorce will help mitigate the emotional harm that children can sometimes experience during their parents’ marital breakup.
Below are some common questions that our attorneys receive from clients.
Can I still get an uncontested divorce if my spouse and I do not agree on everything?
In an uncontested divorce, you and your spouse need to work together to resolve any outstanding issues on the division of marital property and debts, support and parenting time.
If you cannot agree on any issues and the court has to get involved to make decisions, then your divorce is considered contested and must be litigated.
What does an attorney do in an uncontested divorce?
Even in an uncontested divorce, you need an attorney to make certain that you understand your rights and obligations under the law. Your lawyer will also explain the legal implications of any agreements proposed to make sure that you are making informed decisions.
If issues do arise during the divorce process that you hadn’t anticipated, your attorney can help you navigate the unexpected challenges and find solutions that will keep your divorce on track. Finally, your lawyer can review any proposed agreements to make sure that they are fair and legally sound.
What forms do I need to file an uncontested divorce?
Even in an uncontested divorce, legal documents must be properly prepared and filed with the court. Depending on your situation, the necessary forms include:
- Divorce complaint
- Case filing form
- Verification form
- Domestic relations standing order
- Domestic relations financial affidavit (DRFA)
- Child support worksheets (for divorces with children)
- Parenting plan (for divorces with children)
- Summons and sheriff’s service form
- Acknowledgment of service
- Settlement agreement
- Divorcing parents seminar certificate of completion
- Final judgment and decree of divorce
- Domestic relation case disposition form
- Answer to divorce
Our lawyers understand that the amount of paperwork involved in an uncontested divorce can be overwhelming. They will assist you in drafting the necessary forms, ensuring that everything is correctly completed and filed.
Contact Our Dekalb County Uncontested Divorce Attorneys
At E.N. Banks-Ware Law Firm, LLC, our lawyers are committed to helping our clients find solutions to their marital issues and guiding them through the uncontested divorce process. Our founder, E. Noreen Banks-Ware, will be your ally as well as your attorney by providing you with emotional support and first-rate legal representation. Through her many years in practice, she has seen how uncontested divorces can make the navigation of this difficult transition more amicable for families, allowing them to move on with their lives and avoid the bitterness that stems from protracted court battles.
When you become our client, our team will take the time to get to know you, understand your unique family circumstances and work efficiently to reach a fair settlement of your divorce. Our cost-effective legal services will put you in good stead for a brighter future. If you are considering an uncontested divorce, please contact us online or call 770-679-2617 for a free consultation.