At the heart of every divorce are three issues:
· How to divide the community [in Georgia, marital] property
· Who will have custody of the children
· How much child and spousal support [alimony] should be paid
While no divorce is truly "uncontested" in the sense that there are no disagreements, these disagreements do not always have to be resolved in court. An uncontested divorce is one where the spouses can reach a decision as to the terms of the divorce without going to trial. Uncontested divorces move much faster through the court system and are therefore less expensive.
It is recommend that every couple seeking a divorce first use all means possible to work out mutual terms for the separation, without going to court. If the spouses cannot work things out on their own, arbitration and mediation, with or without attorney representation, is recommended. Not only will this save time and money, but by bypassing the lengthy litigation and trial process, an uncontested divorce typically leads to reduced hostility and resentment among the ex-spouses, and both are able to resume their lives more quickly.
Contested divorces, on the other hand, often involve complex issues, high financial stakes and technical legal procedures in court. While an uncontested divorce can often be performed without an attorney, it is best to retain experienced counsel in a contested divorce due to the litigation involved. Furthermore, if one spouse is represented by an attorney or if there are difficult or major financial issues involved in the divorce, it is recommended that you seek an attorney.
SOURCE: Divorce Lawyers Blog