An uncontested divorce occurs when both parties are able to agree on all major issues including property division and, in some circumstances, child custody. The average uncontested divorce in Georgia is completed in a few weeks, saving both parties a substantial amount of money and time. The speed and ease of most uncontested divorces allows many to split amicably without the hard feelings that are common after a drawn-out, contested divorce. Unfortunately, though most uncontested divorces in the United States are completed without issue, some have experienced substantial uncontested divorce setbacks. Even if you believe that your uncontested divorce will likely be completed without issue, it is always wise to be aware of potential problems before you file.
While an uncontested divorce is typically less expensive than a contested divorce, it still costs a good deal of money. The time spent having your divorce filed and settlement prepared does require both parties to pay for document preparation, review, or mediation. If one or both parties does not have much money beyond a filing fee, the entire divorce can be stalled while additional funds are acquired. Finances can become even more problematic if one partner decides to move out or a couple is attempting to sell a marital home that requires repairs, inspections, or other investments of time or money during a time when money is scarce.
Once the divorce is filed, a judge must still issue a ruling before it is finalized. Under normal circumstances, a couple seeking an uncontested divorce in Georgia can receive a divorce in a few months, but occasionally counties will experience a backlog in cases. When the court falls behind, hearings are delayed until dates become available. Earlier this year Fulton County, Georgia invested several million dollars in the judicial system to increase efficiency throughout the courts. After reports of backlogs creating extreme delays began to circulate. Though each county is different, it is a good idea to be prepared for the possibility of problems within your local judicial system delaying your divorce hearing.
Legal documentation errors in any situation including a divorce can cause serious problems and lead to a delay. Failing to file the correct forms, attending a hearing without all of the documents required, or otherwise not having paperwork organized can lead to your hearing being rescheduled. Remember, if you and your spouse are attempting to file for a divorce without the assistance of an attorney, the clerks at the court are not able to provide any legal advice. This includes answering your questions about document preparation or reviewing your forms for even the most basic of errors.
Vayman & Teitelbaum
If you or someone close to you is considering filing an uncontested divorce, scheduling a consultation with a divorce attorney is still something that you should consider. An attorney is able to review any documents that you prepared for yourself to ensure they are error free and help with filing. The attorneys at Vayman & Teitelbaum realize how important it is to have a stress-free divorce when both you and your spouse are in agreement over the major issues. We are prepared to provide you with the legal advice you need and help you ensure that your divorce goes through smoothly. With four offices located throughout the Atlanta, Georgia area we are available to provide you with the initial consultation you need so contact us today to schedule an appointment.