THE PROCESS

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The basic (and overly simplified) procedural aspects for an uncontested divorce as contemplated herein are as follows:

    1. The parties reach an agreement as to the terms of dissolution of their marriage;
    2. Those terms are communicated to our office along with a brief history of the marriage, whether or not the wife wants her name changed back to her maiden name and other relevant personal information wherein such information is converted to pleadings for divorce and a legally binding settlement agreement;
    3. Once the documentation is prepared, our client will review them for accuracy;
    4. Then the parties review and execute the documents (either separately or together). Two of the documents executed by the non-filing party are an Acknowledgement of Service and a Consent to Try. The Acknowledgement of Service prevents a Sheriff from having to serve the non-filing party and the Consent to Try allows for the case to be finalized anytime thirty-one days after filing (subject to Court schedules and local rules, of course);
    5. The documents are filed into the Superior Court of the appropriate county with an eye towards finalizing the dissolution as soon as possible after the thirty days have elapsed. If the parties have minor children, a parenting class must be taken and certificates presented for the Final, so both parties must work to complete the class without delay. The method the Final is taken varies by county. Either evidence is taken by going to Court or by motions made on the pleadings through the mail;
    6. Once the Judge signs the Final Order, the case is over and the terms of the settlement agreement control the parties' rights from that point forward (which is why the Settlement Agreement is the most important document in the process). The lack of a properly prepared Settlement Agreement can be a huge source of bickering and litigation years after a case is over.


A divorce action is a lawsuit like any other and so it is potentially very complex and there are many pitfalls for the non-lawyer. However, an uncontested divorce can be a little more simplified proceeding once a settlement between you and your spouse has been reached and a formal settlement agreement has been properly prepared by a qualified lawyer and executed by the parties.


If you are having difficulty in reaching a settlement, often using an experienced family law mediator will be a tremendous help. Mediators can bridge divides and bring unreasonable parties back down to Earth, so to speak. Our firm can arrange mediation for you and represent and assist you at the mediation. This service is not included in our flat rate fees.


An uncontested divorce as contemplated on this site is defined as: (a) a total agreement has been reached between you and your spouse over any and all financial and/or divorce-related issues (i.e., child custody and support, division of marital property or spousal support, debts, etc.); and (b) your spouse agrees to not contest the divorce and acknowledges service of process. With (a) and (b) above and our law firm to assist you, you are able to complete a low-cost, relatively fast, relatively painless, uncontested divorce.

Every divorce is difficult and painful at many different levels but not every divorce needs to be painful to the finances. Our goal is to help you through the process without you having to worry that you missed something with an office supply "divorce kit" that will come back to haunt you and without draining the precious resources you have to start anew.


Sometimes, even though both parties understand and agree that the relationship is over and it is in their best interests to end the marriage, one of them refuses to cooperate in the orderly processing of a divorce. If this occurs, you have a contested divorce and you need an attorney who will assist you in resolving the dispute either by a trial or an eventual out-of-court settlement. If this is your situation, you may wish to consult with our firm concerning a contested divorce. This site is not designed for assisting those with contested divorces and an in-office consultation is strongly recommended.

Please Note: Material on this website is intended for informational purposes only. It is not intended as professional advice and should not be construed as such. Transmission of such information is only intended for residents of the State of Georgia and is not intended to create, and receipt does not constitute, an agreemment to create an attorney-client relationship with Hallmark, Bowman & Hallmark, LLC or any member thereo. Likewise, submitting information requests does not create, and receipt does not constitute, an agreemment to create an attorney-client relationship with Hallmark, Bowman & Hallmark, LLC or any member thereo. Any information contained herein is belived to be correct for the State of Georgia only and may change at any time without notice. As such, Hallmark, Bowman & Hallmark, LLC are not responsible for reliance on any information contained herein.