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  • What is an Uncontested Divorce?

    Written on May 20, 2014

    When a husband and wife agree to divorce and can agree to split up the assets between them with no unresolved issues, this divorce may have the option of being “uncontested”, which means “no dispute”.

    A divorce may go uncontested if there are no disagreements between parties over assets, custody of children and/or child support. If both parties can agree on who takes over the debts from the marriage, who retains which of the assets accumulated during the time of the marriage, who gets custody of the children, and what amounts of child support will be paid, then the divorce can be uncontested once the arrangements are documented by an attorney, and after you receive a judgment of divorce.

    An uncontested divorce is a much simpler process and it moves faster through the court system, but if there are multiple assets at stake, and children to consider, this may not be a realistic option for you. If you have children and are able to work things out between you and your spouse, it’s best for all parties involved to do so. Often times, the issues of child support and the home that the family lives in, are objects of disagreement between the two parties involved. This is when you need an attorney to assist you in negotiating an amicable agreement that is reasonable for both of you to live with.

    The Hot Buttons of Divorce: Why most divorces are not uncontested

    The problems that occur in most divorce agreements are the big issues between you. The things that we all share in a marriage, that get split between us in a divorce are:

    1. Custody of the children: You must discuss the visitation schedule of the children, the holidays, summer vacations, and times of visitation. You have to look at the entire calendar year and pre-arrange the days in advance.
    2. Child support: The child support amount is determined on how much the sole provider makes, and it is based on a percentage of their salary. In court, this percentage is not always negotiable, and it must be determined before the hearing. This arrangement will hold until the children have graduated high school, unless you amend the agreement later on. Child custody has several variances: legal custody and physical custody. Parents which have joint legal custody can make decisions for the children regarding education and medical care, when the other parent is not present. If you choose the other arrangement of joint physical custody, it means that the child has permission to spend time with the other parent, but the main decisions fall on the parent that holds legal custody.
    3. Real Estate Assets: You must decide who gets to live in the home, and who will be making the payments. Temporary arrangements can be made if the primary support comes from the title holder of the home. In some cases, a title change is need for the home. This can be done through a re-finance, or selling the home and splitting the proceeds.
    4. Motor Vehicles: If the car that you drive is in the other spouse’s name, this will have to be changed. Everything that has the other spouse’s name on it with a “balance due” will need to be re-titled. If that means re-financing in the other parties name, or selling it, it is between both parties to decide before the divorce can be finalized. If the vehicle is paid off, it needs to be signed over to the spouse that keeps it.


    Other details to consider: spousal support, medical insurance of the children, and college funds after graduation.

    In Georgia, the person who files for the divorce is the petitioner, and must be a resident for at least 6 months. The action has to be filed in the state and county of the respondent (the spouse).

    Agreeing on all these legal details and making arrangements that both parties can agree on and live with, may seem difficult to achieve. If you need assistance with your divorce agreement, whether it is a contested divorce or a non-contested agreement, The Silverbach Group can help you. If you have questions regarding your separation or divorce, call us for legal advice. We can help guide you in the right direction, and know how to make the best decisions for your family’s future.