Sunday, March 6, 2016

Georgia Uncontested Divorce Tips

An uncontested divorce is where both parties agree on all issues involved in the divorce, including property division, child support, custody, visitation, and alimony.  The key is that both parties “agree”.  If you don’t agree, an uncontested divorce is not for you. 

With that in mind, here are some tips to help you succeed.

  1. Make sure you both want a divorce.  If you want a divorce, but he doesn’t, then there’s no need to have an in-depth conversation about who gets the Buick and who gets the FORD.  If both of you do not agree that the marriage is over and it’s time to divorce, then you either need a marriage counselor or a contested divorce.
  2. Understand the benefits of pursuing an uncontested divorce.  An uncontested divorce is the fastest, easiest, and least expensive way to get a divorce.     Instead of measuring the cost in thousands of dollars, you will measure it in hundreds.  Instead of measuring the length of divorce in months, you will measure it in days.  These tangible benefits are something that both parties should know and keep in mind.
  3. Put grudges aside.  You’ve both agreed you want a divorce and that you want to do so as quickly and easily as possible.  Now is not the time to try and settle a score or punish you spouse. Who did what to whom is not a factor. 
  4. Develop a Business Attitude. -  Focus on being in the best position you can the day after your divorce.  Dealing with your spouse is “just business” – it’s not personal.  Approach issues in divorce the same way you would issues in the business world.  Know what is reasonable, what is not, and try to keep your emotions in check. 
  5. Agree on what needs to be settled.  – Start the discussion by trying to agree on what you need to settle.  Custody, child support, alimony and property division are all typical areas in the divorce.  Make sure you both know what the issues are that have to be settled.
  6. Begin with something easy. – Once you know the areas you need to agree upon, try and pick something easy to being with.  It will help you both realize that it’s not impossible to settle this between the two of you.  Also, early momentum may help you tackle the tough issues later on.
  7. Kids are not property. -   Do what’s best for the kids – period.  Remember that the children want to spend time with both of you.  Have a candid discussion about what is best for the children and while doing so, remember they are not steak knives or bank accounts.  Custody is not something you “win”; it’s something you earn.
  8. Negotiate in Good Faith. – Realize that neither one of you is going to get everything you want.  There has to be some give and take.  Remember, if you go to court you are leaving everything up to a Judge. 
  9. Don’t be petty. – You don’t really care about that dining room table do you?  There are hundreds out there for sale, new and used, and none of them cost as much as going to court over your divorce.  
  10. Hire a professional. -  You’re not hanging drapes or finishing the deck.  If you screw this up, it can’t be fixed in an afternoon.  A professional will know the range of possibilities and help you understand what the ramifications of your decisions will be in the future.  If you’re smart enough to try and solve your problems out of court, don’t be stupid about how you do it.  Don’t be penny wise and pound foolish.

If you need help, call me at 678-383-1690. If for whatever reason I can't help you, I'll point you in the direction of someone who can.

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