THE LAW OFFICES OF DREW MOSLEY LLC 600 S. Perry Street
Lawrenceville, Georgia 30046
678-225-0098
678-221-0230 fax Some people believe that despite the fact they could not get along well enough to remain married, they can get along just well enough to amicably divide their stuff, make arrangements for their children (if any), and part ways. Such is the uncontested divorce. It is the last ditch effort to save tears and time spent fighting and reap the benefits of limited cooperation. An attorney can provide a client a great value if that attorney can provide the client an uncontested divorce. Let's get along, just this once. Do not forget your filing fee. I shall briefly here describe the course of an uncontested divorce in Georgia. It may resemble uncontested divorces elsewhere. The first step is the filing of the complaint. The complaint sets out the relief sought by the Plaintiff vis-a-vis or as against the Defendant. Some family law practitioners prefer to use the terms Petitioner and Respondent to give the process a less adversarial or combative feel. In any event, the complaint or petition says what the person who takes responsibility for initiating the action wants. Your attorney will help you draft a proper complaint that says neither too much nor too little. Either is a potential problem. This is mine; this is yours. The second step, though it may actually and probably will take place before the complaint is filed, is the drafting of the settlement agreement. The settlement agreement lays out the terms agreed upon. This important document, which will be signed by both husband and wife, says who gets what, where the kids (if any) will go, and how the taxes and any insurance matters will work out. A good settlement agreement will help to avoid future disputes. A bad one leaves stuff out. Put another way, a well or poorly tailored settlement agreement can gain or lose a person thousands of dollars, or more. Even when the only result of a marriage has been debt, how that debt is divided is very important. Children mean more paperwork. So, the complaint starts the action or suit, the settlement agreement lays out the terms of the divorce, and then there are a number of supporting documents that also need to be crafted, or at least filled in as the case may be. These include, if there are children, a permanent parenting plan, accounting for every day of the year; a child support addendum; and child support worksheets. Other documents, regardless of whether there are children, are the verification, the summons, the domestic relations financial affidavit, and the domestic relations case filing form. Some lawyers can't figure this stuff out. The domestic relations case filing form is required by the court to provide certain categorical information about the kind of case being presented. The domestic relations financial affidavit provides the financial information of each party if questions of alimony or child support are to be determined. The summons allows for service if that is necessary, but actual service by the sheriff can be skipped if the Defendant or Respondent is willing to file an acknowledgment of service. The verification indicates that the pleadings are sworn under oath. Verifications must be signed before notaries. Does "parenting time" sound better than "visitation"? If there are children, the custody arrangements for them must be laid out in the permanent parenting plan. The amount that the non-custodial parent (sometimes abbreviated NCP--in other words the parent receiving visitation) must pay to the custodial parent is determined by use of the child support worksheets. The child support addendum is a required form that lays out the child support obligation in more detail, including who will pay for the children's health insurance. Say no to LegalGloom and Doom. If the first step is the petition and the second step is the settlement agreement, I will call dealing with all these other documents step three. Step four would be a filing or motion by your attorney to have the judge sign the final order without having to go to court. That's not that many steps. A good lawyer can make an uncontested divorce very simple; however, be wary of forms services that may cost as much as an attorney and leave you with many hours of lost time and a bad and confused result that an attorney may be called for later on to repair. You don't dispose of your own garbage. Don't dispose of your own marriage. I have seen couples who have made it all the way to a hearing, before the court dismissed their case and they gave up, at least for the time being, because they realized there were complexities they had not accounted for and needed to start their case over with professional help. Do not let that happen to you. Seek experienced assistance. Immigration matters in divorce. Immigration issues can play an important role in a divorce case. It is important to have an attorney sensitive to what immigration issues do and do not mean for divorce cases. Often, questions of who is a citizen and who is out of status become relevant because people are trying to use these issues to gain an advantage or for other reasons. Serving Gwinnett and Other Metro Counties The Mosley Law Offices are conveniently located within walking distance of the Gwinnett County Courthouse, also known as the Gwinnett Justice and Administration Center. We provide the most convenient uncontested divorce for Gwinnett cities including Lawrenceville, Suwanee, Norcross, Dacula, Buford, Snellville, Lilburn, Duluth, Grayson, and Sugar Hill. We also frequently appear in Hall, Barrow, Walton, Fulton, DeKalb, Forsyth, Douglas, Newton, Rockdale, Jackson, and Clayton Counties. |