Uncontested Divorce Attorney
Florida & Georgia
When you and your spouse agree on all terms of your divorce, you might be tempted to handle it yourself. However, even uncontested divorces involve complex legal documents, strict court requirements, and long-term consequences that require professional guidance. In Florida, you must navigate equitable distribution laws, mandatory financial disclosures, and specific residency requirements, while Georgia requires adherence to its 31-day waiting period and irretrievably broken marriage standards. Whether you’re filing a Petition for Dissolution of Marriage in Florida or a Petition for Divorce in Georgia, the legal terminology and procedural requirements demand precision. Attorney Vince Sowerby ensures your uncontested divorce is handled correctly the first time, protecting your rights under Florida and Georgia family law while avoiding costly mistakes that could affect you for years to come.
What is an Uncontested Divorce?
An uncontested divorce occurs when both spouses mutually agree on all major aspects of ending their marriage, including:
- Division of marital property and assets
- Distribution of debts and liabilities
- Child custody and parenting time arrangements
- Child support obligations
- Spousal support (alimony)
- All other divorce-related terms
Because there are no disputes requiring court intervention, uncontested divorces typically proceed more quickly and at a lower cost than contested divorces. However, legal representation remains crucial to ensure all agreements comply with state law and protect your long-term interests.
Why You Need an Attorney for Your Uncontested Divorce
Many couples believe that an uncontested divorce doesn’t require legal assistance. This misconception can lead to serious problems down the road. Here’s why attorney representation is essential:
Protect Your Legal Rights
Even when you and your spouse agree, you may not fully understand your legal rights regarding property division, retirement accounts, tax implications, or future support obligations. An experienced attorney ensures you’re not unknowingly waiving important rights or agreeing to terms that disadvantage you.
Avoid Costly Mistakes in Divorce Paperwork
Divorce documentation is complex and varies significantly between Florida and Georgia. Simple errors, omissions, or improper legal language can:
- Delay your divorce by months
- Result in rejected court filings
- Create enforcement problems later
- Require expensive legal corrections
- Invalidate important provisions
An attorney gets your paperwork right the first time, avoiding these costly pitfalls.
Ensure Fair Property Division
What appears fair on the surface may not be equitable under state law. An attorney reviews your settlement to verify that asset division, debt allocation, and support arrangements comply with legal guidelines and truly serve your interests.
Navigate Complex Financial Assets
Real estate, retirement accounts, businesses, investments, and significant debts require specific legal procedures and language to divide properly. An attorney ensures these assets are handled correctly to avoid tax consequences, penalty fees, future ownership disputes, improper valuation, and inadequate protection of your share.
Protect Your Children’s Interests
Child custody arrangements, visitation schedules, and support calculations must comply with state laws and prioritize your children’s wellbeing. An attorney helps create enforceable agreements that serve your family’s needs while meeting legal requirements.
Benefits of Attorney Assisted Uncontested Divorce
Choosing an uncontested divorce with proper legal representation offers significant advantages:
Cost-Effective
Lower attorney fees compared to contested litigation, while still protecting your interests
Greater Control
You and your spouse decide the terms rather than leaving decisions to a judge
Faster Resolution
Typically completed in weeks or months rather than years
Privacy
Minimal court involvement means less public disclosure of personal matters
Reduced Stress
Avoids adversarial courtroom battles and lengthy legal proceedings
Peace of Mind
Professional guidance ensures all legal requirements are met
The Uncontested Divorce Process
Initial Consultation
We review your situation, discuss your rights under state law, confirm that all parties are in agreement, and determine whether uncontested divorce is appropriate for your circumstances.
Agreement Review & Documentation
We examine your proposed settlement, identify potential legal issues, and draft comprehensive legal documents that comply with Florida or Georgia law while protecting your interests.
Court Filing & Procedures
We prepare all required pleadings, affidavits, financial disclosures, and settlement agreements, then handle court filings, service of process, and procedural requirements in the appropriate jurisdiction.
Finalization
We guide you through any required hearings and ensure your divorce decree is properly entered, legally binding, and enforceable.
Florida and Georgia Uncontested Divorce Services
Uncontested Divorce in Florida
Florida Residency Requirements
At least one spouse must have been a Florida resident for a minimum of six months before filing the petition. You’ll need to provide proof of residency, such as a Florida driver’s license, voter registration, or other documentation.
Florida Waiting Periods
Florida has no mandatory waiting period for uncontested divorces once residency requirements are met. However, the court’s schedule and processing times typically mean divorces are finalized within 4-6 weeks.
Required Florida Divorce Documents
- Petition for Dissolution of Marriage
- Financial Affidavits from both spouses
- Marital Settlement Agreement
- Parenting Plan (if children are involved)
- Child Support Guidelines Worksheet (if applicable)
- Final Judgment of Dissolution of Marriage
Uncontested Divorce in Georgia
Georgia Residency Requirements
At least one spouse must have been a resident of Georgia for a minimum of six months prior to filing for divorce. The divorce must be filed in the county where the defendant resides, or in the county where the plaintiff resides if the defendant is a non-resident.
Georgia Divorce Laws
Georgia allows both fault-based and no-fault grounds for divorce. In uncontested cases, couples typically proceed on no-fault grounds, citing that the marriage is “irretrievably broken.” Georgia also requires a 31-day waiting period from the date of filing until the divorce can be finalized.
Required Georgia Divorce Forms
- Petition for Divorce
- Settlement Agreement
- Parenting Plan and Child Support Worksheet (if children)
- Final Decree and Report of Divorce
Uncontested Divorce With Children
Parents can proceed with an uncontested divorce when they’ve reached agreement on:
- Parenting Time – Residential schedules and visitation arrangements
- Legal Custody – Decision-making authority for education, healthcare, and religious upbringing
- Child Support – Calculations based on state guidelines and income considerations
- Healthcare Coverage – Insurance provisions and medical expense sharing
- Education Expenses – Responsibility for school costs and extracurricular activities
Our firm helps you create comprehensive parenting plans that meet legal requirements while serving your children’s best interests. We ensure child support calculations comply with state guidelines and all provisions are enforceable.
Contested vs. Uncontested Divorce
| Factor | Contested Divorce | Uncontested Divorce |
|---|---|---|
| Agreement | Spouses disagree on one or more major issues | Spouses agree on all terms |
| Court Involvement | Requires litigation and court intervention | Minimal court involvement |
| Decision Maker | Judge makes final decisions | Parties control the outcome |
| Cost | $15,000-$50,000+ | $1,200-$3,000 with Vince Sowerby |
| Timeline | Often 1-3 years | Typically 1-2 months |
| Stress Level | High emotional toll | Less stressful process |
Frequently Asked Questions About Uncontested Divorce
Can I get an uncontested divorce if we have children?
Yes. As long as you and your spouse agree on custody, parenting time, and child support, you can proceed with an uncontested divorce. In fact, most divorces involving children are ultimately resolved through agreement rather than trial.
Do I need to go to court?
Requirements vary by jurisdiction. In many Florida counties, uncontested divorces can be finalized without a court appearance if all documents are properly executed. Georgia typically requires at least one brief court hearing. Your attorney will advise you based on your specific court’s requirements.
How much does an uncontested divorce cost?
Attorney fees for uncontested divorces typically range from $2,500 to $7,500, depending on case complexity, plus court filing fees (approximately $300-$400). This is significantly less expensive than contested divorces, which often cost $15,000 or more.
What if we disagree later?
Properly drafted settlement agreements include modification provisions and enforcement mechanisms. If circumstances substantially change, you may petition the court for modifications to custody or support. Your attorney will ensure your agreement is both comprehensive and legally enforceable.
How is property divided in an uncontested divorce?
In Florida, property is divided according to “equitable distribution” principles, while Georgia follows equitable division as well. Even though you’re agreeing on terms, an attorney ensures the division complies with state law and fairly accounts for all marital assets and debts.
Can we use the same attorney?
No. Attorneys can only represent one party to avoid conflicts of interest. However, one spouse’s attorney can prepare the documents while the other spouse reviews them independently or consults their own counsel.
Get Started With Your Uncontested Divorce Today
Don’t risk your financial future and legal rights by attempting to handle your divorce without proper legal guidance. Even when you and your spouse agree on terms, professional representation ensures your interests are protected, all documents are properly prepared, and your divorce proceeds smoothly to completion.
Attorney Vince Sowerby provides experienced, compassionate legal representation for uncontested divorces throughout Florida and Georgia. We make the process as efficient and stress-free as possible while ensuring all legal requirements are met and your rights are fully protected.