Coleman Legal Group, LLC
Cumming Georgia Uncontested Divorce Attorneys
Phone: 770-609-1247
In a Cumming, Georgia uncontested divorce, the person seeking divorce does not usually blame the other for inflicting any wrong. Rather, the parties both agree that the marriage is irreconcilable. This is stated on the Complaint for Divorce filed with the court. However, any of the twelve “fault grounds” for divorce can be alleged in an uncontested divorce, but are not usually included in most cases. If fault grounds are included in an uncontested divorce, the other party will have to either admit the fault grounds, not object to the fault grounds, or acquiesce to the fault grounds. The thirteenth ground for divorce in Georgia is the “no-fault ground” which states simply that “The marriage is irretrievably broken …” See O.C.G.A. § 19-5-3(13).
Although uncontested divorces are typically filed under Georgia’s “no-fault” ground for divorce, not requiring any proof of fault on the part of the other party, there are still many other requirement to obtain the divorce. Uncontested divorces still require the parties to complete a Divorce Settlement Agreement resolving how to divide their property, handle their debts, determine child custody, and the terms for child support, and whether alimony is to be paid or not. It is important to note that even if the parties agree on everything, if the agreement is found to be contrary to public policy and/or against established Georgia divorce law – the agreement may be rejected by the court and a judge may decide all the terms for a divorce. This is a good reason to hire an experienced uncontested divorce law attorney to help in drafting your Cumming Georgia uncontested divorce documents.
The person filing a divorce case in Cumming Georgia is generally called the Plaintiff, or Petitioner. The person being filed divorce against is generally called the Defendant, or Respondent. In an uncontested divorce, the terms Petitioner and Respondent are more commonly used. Also, the term Petition for Divorce, rather than Complaint for Divorce may be used for uncontested divorce cases, but has no bearing on the overall case.
Description of our Comprehensive Cumming Georgia Uncontested Divorce Services
As a part of an uncontested divorce, any couple with children must decide on both legal and physical custody of their children. This would also include whether the custody will be joint custody or sole custody. In the vast majority of joint custody cases, one of the parents will need to be designated as a “primary physical custodian” of the child(ren). In some cases, each parent may have primary physical custody of one or more of the children (if there are two children or more); this is called “split custody.” In any event, the parenting, visitation and custody agreement will have to outlined in detail in a document called a Parenting Plan, and filed with the court. Also, any child support agreement will need to be outlined in detail in a document called a Child Support Addendum, with a Child Support Worksheet attached, and filed with the court.
Once one of our experienced attorneys has drafted the official divorce documents, they must be signed, dated and notarized before being filed with the Superior Court of Forsyth County located in Cumming Georgia. Specifically, all agreements must be signed by both parties in blue ink in the presence of a notary and notarized. In addition, the appropriate filing fee, which must be paid to the clerk of Superior Court. The estimated time for the court to process an uncontested divorce is a minimum of thirty-one (31) days without a court hearing. However, sometimes it takes longer for the court to approve an uncontested divorce and the court may require the plaintiff to attend a final court hearing for the divorce to be finalized.
While using an attorney for an uncontested divorce is not required, an attorney will usually be able to make the process go much faster and with much less stress for the parties. Also, an attorney can serve as a mediator (licensed neutral) between the parties that may still have hurt feelings or difficult communicating. Our divorce attorneys are very experienced in assisting in negotiating Divorce Settlement Agreements through peaceful collaboration, including mediation and negotiations.
In filing an uncontested divorce, the divorce attorneys at Coleman Legal Group, LLC will draft and file all the divorce documents required in your case. Each county in the state of Georgia differs somewhat about their local rules and the documents / processes for an uncontested divorce.
For Cumming Georgia Uncontested Divorce cases, the following documents are generally required:
- Complaint for Divorce (aka Petition for Divorce)
- Summons
- Case Initiation Form
- Divorce Settlement Agreement (aka Uncontested Divorce Settlement Agreement)
- Domestic Relations Financial Affidavit (aka DRFA)
- Parenting Plan (if the parties have minor children together)
- Child Support Worksheet (if the parties have minor children together)
- Child Support Addendum (if the parties have minor children together)
- Acknowledgment of Service
- Motion for Judgment on the Pleadings
- Affidavit in Support of Motion for Judgment on Pleadings (aka Affidavit of Plaintiff)
- Consent to Try
- Final Decree of Divorce (aka Final Judgment and Decree of Divorce)
- Case Final Disposition Form
- Report of Divorce
- Verification for Complaint for Divorce
- Verification for Domestic Relations Financial Affidavit
- Certificate of Service (when applicable)
- Standing Order(s)
For cases involving minor children, the following additional documents are generally required:
- Parenting Plan
- Child Support Worksheet(s)
- Child Support Addendum
The experienced team of Cumming Georgia / Forsyth County divorce attorneys at Coleman Legal Group, LLC is experienced in drafting Divorce Settlement Agreements and all the related documents to make your uncontested divorce move as quickly and with as little stress and expense as possible for you.
Additional Divorce Information From Affiliated Sites
Cumming Georgia Office
The Avenue Forsyth
410 Peachtree Parkway
Building 400, Suite 4245
Cumming, Georgia 30041
Phone: 770-609-1247 | Map
Alpharetta Georgia Office
Park Woods Commons
11539 Park Woods Circle
Suite 304
Alpharetta, GA 30005
Phone: 770-609-1247 | Map
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Updated: 2022-08-14
