Tuesday, January 19, 2010

Uncontested Divorces: What They Are and What They Aren't

As you know, if you and your worthless spouse, "Sluggo," can get an uncontested Georgia divorce, as opposed to a contested divorce, then it should save you a lot of money, because you probably won't have to go to court. However, "going uncontested" doesn't work for everyone. In other words, sometimes Sluggo won't listen to reason and won't sign a settlement agreement and the other uncontested divorce documents. And generally, that is what is required for an uncontested divorce, i.e. both parties must agree to all the terms and sign all the documents prepared by your divorce lawyer. If Sluggo won't promptly sign all the documents, or if he wants to negotiate child custody, property division, or other matters, then, by definition, it is NOT an uncontested divorce.
Here are some examples of other situations which are NOT uncontested divorces:
1. It is simply uncontested that you both want a divorce! Unfortunately, that is not enough for it to be an uncontested divorce! Again, both parties must ALSO be willing to sign all the documents, too!
2. It should be uncontested that you are right! Simply knowing, in your heart, that you are correct about who should win your child custody battle does not make it an uncontested divorce.
3. It should be uncontested that you will win. Sorry, but while you may ultimately win in court, if you must go to court, then, by definition, it is a contested divorce!
4. It is uncontested that your spouse, Sluggo, is worthless! Again, I am sorry! While that may be true, it doesn't make it an uncontested divorce! Now, if you can get Sluggo to sign all the documents, then it IS an uncontested divorce! And if Sluggo will sign, then maybe it's also uncontested that he isn't totally worthless after all!

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