The divorce process is often expensive, overwhelming, and stressful because spouses need to make a lot of important decisions that will significantly affect their future. These can include payment of mutual debts, deciding on spousal or child support, dividing assets, and creating a parenting agreement. However, sometimes couples don’t have anything to share (no significant marital assets, no spousal support / alimony is requested or necessary, and no minor children) or can agree on everything by themselves. When that is the case, couples can file an uncontested divorce, which is the easier and quickest form of a divorce.
What is an Uncontested Divorce in Johns Creek?
When spouses can come to an agreement on everything, an experienced divorce attorney can help negotiate and draft the required divorce documents, and usually a court hearing will not even be required for the divorce to be granted. A divorce is considered uncontested in Johns Creek Georgia if:
- You and your spouse have been separated for at least thirty (30) days. This does not mean that you have to live in separate homes, but it does mean you should not be having sexual relations;
- You and your spouse both sign the court papers where you show that you agree about what the court should do, you don’t ask the court to make any decisions and you agree that you are eligible for divorce.
If your answer is yes to both points, you may start completing the required forms and begin your uncontested divorce. The person who files the documents is called the petitioner and the other spouse is the respondent.
How to Confirm your Eligibility?
In order to seek a divorce in a Georgia court for Johns Creek, you have to prove that both you and/or your spouse live in the state of Georgia. According to Georgia law, there are three (3) ways to prove your residency and express the need to file your divorce.
You have to be a bona fide resident of the state for six (6) months or longer before you file for divorce. You don’t have to live in the same place, but have to have residency for this period of time in the state. You will have to affirm your residency and then will be asked to prove it in court. The most common items of proof are voter registration, driver’s license, rent receipts, or utility bills.
However, even if you live in another state, you still have the right to file for divorce in Georgia if your spouse has been a resident of the state for six (6) months or longer. Moreover, if you have been a resident of an army post or a military base for a year or longer, you can file for your divorce in a county adjusted to your base. If that’s the case, you will need to document your residency of military-controlled housing.
What is Needed to File Uncontested Divorce in Johns Creek?
The following list is the necessary documents that have to be completed:
- Confidential Information Form
- Petition for Divorce or Complaint for Divorce
- Acceptance / Acknowledge of Service – Notarized
- Summons
- Final Judgment / Decree of Dissolution
- Stipulated Uncontested Divorce Agreement – Notarized
- Affidavits – Notarized
- Verifications – Notarized
- Motion for Judgment
- Domestic Relations Financial Affidavit
- Consent to Try (Notarized)
- Child Support Worksheet (in cases involving children)
- Child Support Addendum – Notarized (in cases involving children)
- Parenting Plan (in cases involving children)
However, the required paperwork can vary from county to county, so more forms may be required in addition to those mentioned above.
The uncontested divorce papers may look complex because of all the legalese terminology used in them. However, one of our experienced Johns Creek Georgia divorce attorneys can guide you through the process and help you with understanding the process and help with completing and filing the required forms.. Call 770-609-1247 today to speak with an experienced Johns Creek Georgia uncontested divorce lawyer.