An amicable split from your spouse is less expensive and easier for everyone. At Terri Herron Law, we believe that it is a worthy goal to work toward. However, uncontested divorce means more than just a split that you and your spouse both agree to. Issues can arise at any point during the divorce process in Georgia, especially if you and your spouse have not discussed everything thoroughly beforehand. Even if you feel you have already had a thorough discussion, the circumstances may have changed since then, which could cause new issues.
For example, assume that you and your spouse created a prenuptial agreement before getting married. You probably based that agreement on the presumption that spousal support payments would be nontaxable for the payer and taxable for the recipient. However, according to CNBC, the opposite is now true under a new law that took effect in early 2019. If you are getting divorced this year but your prenuptial agreement dates from before the law went into effect, either you or your spouse may feel that the terms are no longer fair.
If you and your spouse have minor children together, you need to think about how the divorce will affect them. When it comes to financial support and custody, you need to act in their interests. This can make matters of separation and divorce much more complicated than it might be if you and your spouse had no children.
It is no easy task to account for and divide assets, even if you are 100% aware of your spouse’s financial picture. Significant assets can raise issues regardless of whether you and your spouse hold them together or separately.
While it is desirable to avoid a drawn-out court battle, it is also important to make an informed decision based on what you deserve. More information about contested and uncontested divorce is available on our website.