In an "uncontested" divorce, not only do the parties agree that there is going to be a divorce but they are also able to (after some negotiation) agree to the details of a Settlement Agreement. Then, once the Settlement Agreement is signed by both parties the case is filed with the clerk of court. The website that you mention MAY be adequate for you to prepare the documents and then you file them with the Clerk as a pro se (for yourself) party and represent yourself with the court. Technically, you do not need an attorney for any of this. But, to make sure that you are getting a reasonable settlement, it would be wise to confer with an attorney. Perhaps, you will also find that it is easier to get an attorney to file the case for you and move it through the court for you to completion. It can be very frustrating for a non-attorney to try to do this because the procedures are somewhat demanding and neither the clerk nor the court can provide advice to you or coach you through the system. Regardless of whether you use an attorney, you must pay the filing fee (around $200 - 220 - depending on your county). For uncontested cases such as yours, our flat fee is $389.00 so you can probably get the case done with an attorney for no more than around $600. So, I recommend that you get an attorney but, if the two of you can cooperate well enough, I really do not think that you should have to pay a great deal for the entire process.
It appears that there are some unresloved issues of the marriage. Therefore, it is not an uncontested divorce. You need to retain an attorney. We provide free telephone consultation.
Darrell B. Reynolds, Sr.
Attorney and Counselor at Law
"Love all, trust a few, do wrong to none."
- William Shakespeare
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First of all, you have mentioned unresolved financial issues, which make the case contested. Seeking anything that is not agreed to in writing is the opposite of an uncontested case.
While one Georgia court has helped fund the California site you mention, divorces with forms, even if uncontested, and always if contested, often go badly. The very site that you mention warns NOT to file paperwork you do on the site if you have any questions, and obviously you have some.
An uncontested divorce can be had from some lawyers for a very small amount and it would be smart to talk to a lawyer rather than hope forms work out.
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