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Uncontested Divorce

Can we use one lawyer for both of us?

In an uncontested divorce, one lawyer can draft the agreement for both parties, but technically they represent one side while the other consents. It's cost-effective and common for amicable splits.

What if we have children but agree on everything?

You still must go through court, as the Civil Registry does not handle divorces involving minors. However, the court process will be simplified and faster due to your agreement.

Do I have to appear in court?

Usually, no. If your lawyer submits a signed settlement agreement, the judge can approve the divorce in your absence.

How fast can I get divorced at the Public Service Hall?

If you have no minor children, you file an application and must return after 5 business days to confirm. The divorce is finalized on that second visit.

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Uncontested Divorce: Fast and Amicable Separation

When spouses agree that their marriage has ended and are ready to separate amicably, an Uncontested Divorce is the best choice. This is the fastest, cheapest, and least stressful way to terminate a marriage. In Georgia, an uncontested divorce is possible both at the Civil Registry (Public Service Hall) and through the courts, depending on the circumstances. The main condition is that there is no disagreement between the parties on any key issues: property division, child custody, and alimony. Despite the simplicity of the procedure, involving a lawyer ensures that the agreement reached is legally sound and will not become a subject of dispute in the future.

Many couples think that if they agree, they don't need a lawyer. However, cases are common where a verbal agreement ("you take the apartment, I take the country house") is violated years later because it was not officially documented. Legal.ge offers a service that helps you document the agreement so that your peaceful separation is final and irreversible, without any future risks.

What Does Uncontested Divorce Service Cover?

Specialists on Legal.ge simplify the process with the following services:

  • Drafting Divorce Agreement: A document detailing how property and debts are divided. This guarantees that neither party will raise new claims after the divorce.
  • Alimony and Custody Agreement: If you have minor children, a written agreement on their residence and alimony is necessary for the court to approve the divorce smoothly.
  • Representation at Public Service Hall: Assistance in filling out the application and, if necessary, representation by power of attorney (if one party cannot attend).
  • Expediting Court Procedures: If you have children and need a court divorce, the lawyer will prepare a "Settlement Act" which the judge can approve in a single hearing.
  • Remote Divorce: Handling the process completely remotely for individuals currently abroad.

Common Scenarios and Real-World Examples

Uncontested divorce is used in the following situations:

  • Couples without Children: The spouses have no common children and no property disputes. They can apply directly to the Public Service Hall and receive a divorce certificate in 5 working days.
  • Agreement with Children: The spouses have children but have fully agreed on alimony and the schedule. The lawyer drafts this agreement, and the court formally approves the divorce without a dispute.
  • One Party Abroad: One spouse is in Georgia, the other is an emigrant. Both agree. The lawyer handles the procedure via power of attorney.
  • Pre-Divorce Asset Division: The couple sells the common apartment, splits the money, and only then files for divorce to keep the process clean.

Georgian Legal Framework

Uncontested divorce procedures are regulated by:

The Law of Georgia on Civil Status Acts: This law defines administrative divorce (at the Public Service Hall). This is permissible only if: a) there is consent from both spouses, and b) they do not have minor children (or there is a court decision regarding them).

The Civil Code of Georgia: Establishes that divorce occurs via court if there is a dispute or minor children involved. However, if the parties present an agreement, the court does not investigate the motives for divorce and automatically grants the request.

The Civil Procedure Code: Provides for simplified proceedings when parties acknowledge the lawsuit or reach a settlement.

Step-by-Step Service Process

Uncontested divorce via Legal.ge involves:

  1. Confirming Agreement: The lawyer verifies that there is genuine consent on all details.
  2. Preparing Documentation: Drafting the agreement on property and children.
  3. Filing Application: At the Public Service Hall (for childless couples) or Court (for couples with children).
  4. 5-Day Waiting Period (Public Service Hall): 5 days after filing, a second visit is required to confirm the divorce.
  5. Receiving Certificate: Finalizing the process and obtaining the divorce certificate.

Why Choose Legal.ge?

Uncontested divorce sounds simple, but the devil is in the details. A poorly drafted alimony agreement or overlooked property can create problems for you in the future. Legal.ge allows you to end your marriage with dignity, quickly, and legally flawlessly. Our lawyers ensure that your agreement is solid so you can start a new life without extra burdens. Find your advisor on Legal.ge.

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