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Can high-income couples have an uncontested divorce?

Yes, high-income couples can have an uncontested divorce. In fact, many do, and their divorces can be finalized in a mere two or three months. Whether a divorce is contested or uncontested is unrelated to how much money the couple earns, but rather depends on whether they are able to agree on issues (for example, child custody and property division).

Of course, couples of all income levels have a lot to think about when it comes to divorce, even if it is uncontested. Here is a look at a few considerations.

Each spouse needs an attorney

An attorney is allowed to represent only one spouse. So, even if you and your spouse get along great and have few issues to consider, you must still retain separate attorneys. One advantage to having separate representation is there can be many issues and nuances to consider in high-income divorce, and you have someone looking out for you and only you.

It is possible to get an uncontested divorce even if you have yet to agree on some issues

It is a rare occurrence that two spouses (and perhaps their attorneys) sit at a table and agree on everything immediately with little discussion or debate. Thus, even if you currently cannot agree with your spouse on a key issue or several, you are not necessarily headed for a contested divorce or a trial. Georgia courts in many areas require the use of mediation to resolve disagreements, so it is possible your child custody, asset valuation or alimony issue will get ironed out. (It helps a lot to arrive at the table with good intentions!)

Advocate for yourself, too

Some uncontested divorces go through the system more easily than they should. For many reasons, it can happen that one spouse readily agrees to things he or she might not otherwise. It could be due to, say, guilt, or an effort to get the divorce over with quickly. Divorce can be an emotional time that gets people acting out of character and doing things they regret later. Advocate for yourself, too. An attorney is not a mind reader, and you know yourself best.

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