The decision to divorce is never easy. We know you may be overwhelmed with complex emotions and confused about the necessary steps and issues that must be resolved as part of the divorce process. You probably have questions about property division, how to determine appropriate levels of financial support and how to minimize the emotional impact of divorce on your child. At Banks, Stubbs & McFarland, our experience divorce attorneys will explain your legal rights and the legal process. With efficient, effective strategies, we arm you with the facts you need to make sound decisions.
Call 770-887-1209 today to schedule your appointment with one of our divorce attorneys at our Cumming or Buford office.
Mr. Stubbs’ knowledge of the Georgia legal system is second to NONE. Although the circumstances of my case were not the best (divorce), Mr. Stubbs fully advised me of my rights as a father and helped and informed me through every step of the way. I highly recommend this true professional in his field.
Our family law attorneys can handle every aspect of your uncontested, contested, or high-asset and complex divorce, such as:
- Child support
- Child custody and visitation
- Alimony and spousal support
- Property division
- Modifications and enforcement of child support, child custody and visitation
- Contempt actions
- Settlement and litigation
Contested vs. Uncontested Divorce
Ending a marriage is a complicated process. You may be overwhelmed by the legal obstacles. Expert attorneys will take the time to listen to you and to explain your options. Our goal is to help you through this difficult process and protect your legal rights.
What is the Difference between an Uncontested and a Contested Divorce?
The terminology surrounding a divorce is confusing. Many clients do not understand if they have a contested or uncontested divorce. To clarify, a divorce requires that the couple compromise on three issues:
Generally speaking, if the couple agrees with the goals and terms surrounding those three issues, the divorce is considered uncontested. It does not matter if one party wishes to stay married. If the couple is completely following a set plan, a prenuptial agreement or separation agreement, the divorce is uncontested. Uncontested divorces are generally quicker and less expensive than contested ones, but that does not mean that the process is necessarily easy in the state of Georgia. An uncontested divorce usually takes about a month to finalize.
If the parties cannot agree on all aspects of the three main issues listed above, the divorce is considered contested. Contested divorces do not always come with anger and aggression between the parties. Disagreement may arise in even the most amicable of divorces. The parties may just need help communicating, compromising, drafting, and executing the terms of the divorce. Regardless of circumstances, a contested divorce could take months or even years to finalize if the parties can't see agree on the terms.
Whether your divorce is contested or uncontested, contact the attorneys at Banks, Stubbs and McFarland to manage the process for you. Call 770-887-1209 today schedule a meeting with one of our skilled family law professionals.
Why Do I Need an Attorney for an Uncontested Divorce?
Though you may believe your uncontested divorce will be easy, you are strongly encouraged to hire an attorney. Many documents are required in a divorce in Georgia, such as financial affidavits, child support worksheets, settlement agreements and other pleadings. Our attorneys will ensure that these are completed properly to prevent additional costs and delays from occurring in your case. Additionally, legal proceedings such as hearings, mediations and trials are still possible in an uncontested divorce and our experienced attorneys will handle these matters and ensure that your rights are protected.
A lawyer cannot represent both parties in a divorce. If your spouse has hired an attorney, you need one as well, to ensure that your interests are protected. Here are some concerns that arise when you are not protected by a lawyer during a divorce:
1. Terms may not be fair without an attorney.
Just because you and your spouse agree on a financial payment or custody arrangement, that may not mean you are receiving all that you are entitled to by law. Lawyers know what is fair and equitable and will ensure you receive what you deserve.
2. Discovery only takes place with an attorney.
Though you may trust your former spouse, only an attorney can require full disclosure of assets and finances. Without a lawyer supervising the divorce, your spouse could hide or move money and property to prevent you from receiving your fair share.
3. Attorneys are the best at anticipating changes or disagreements.
Though you and your spouse may see things eye to eye now, you still need an attorney for future issues. Having an attorney from the start will make the process easier and less time-consuming should an uncontested divorce become contested. Similarly, attorneys need to supervise custody and financial agreements to ensure that you are protected should there be a change in circumstances such as relocation of the child or an increase or decrease in finances.
Don’t let your uncontested divorce leave you unprotected. Call 770-887-1209 now to schedule your appointment with expert divorce attorneys at Banks, Stubbs and McFarland today!