Can an Uncontested Divorce Lawyer Keep My Spouse from Getting My Inheritance?

If you are hiring an uncontested divorce lawyer, then it means you and your spouse are able to agree on the primary issues involved in getting a divorce. In an uncontested divorce, both parties can come to agreement on certain key issues. Topping the list is how you will share parenting time. Child support and spousal support come next. Finally, you’ll be able to agree on the matter of property division and debt outside of court. This means you will also be able to agree on issues related to your inheritance outside of court.

The uncontested divorce lawyer will help you to work through it all without requiring a court appearance. An uncontested divorce means you and your spouse will come to an agreement eventually. Typically, you’ll discuss the relevant issues and work together to reach agreement. This is where the uncontested divorce lawyer will help you and provide the support and guidance you need.

How Your Uncontested Divorce Impacts Your Inheritance

The State of Georgia considers an inheritance to be separate property in a divorce. In contrast, marital property is subject to equitable division. The separate property includes any assets acquired prior to the marriage. Also, it includes assets acquired during the marriage from a third-party gift or inheritance. This means, your inheritance will be safe as long as it isn’t in your husband’s name.

An uncontested divorce lawyer will help you take a close look at any inheritance you have received and help you to fill out the paperwork carefully. So, you keep these gifts without having to divide them. Because the divorce is uncontested, you typically will not need to make a court appearance. Finally, once you and your spouse agree, your attorney will work closely with you to draft a comprehensive settlement agreement. It will contain all the terms agreed to by both parties, along with the documents necessary to complete the divorce. You will both need to approve and sign the documents. Next, your uncontested divorce attorney will file the documents with the court. Finally, your attorney will obtain the final judgement and decree of divorce.

What to Expect from an Uncontested Divorce

While it sounds like the easiest path of divorce, not every uncontested divorce runs smoothly. That is why it is important to have an uncontested divorce attorney helping you through the process. The process of this type of divorce is easiest when the parties have no children and few marital assets. Your inheritance is clearly your inheritance and considered “separate property.” Therefore, it’s rare that there will be any issues or problems to work through regarding it.

Still, you might face some minor disagreements. You can typically keep your divorce uncontested as long as you and your spouse are ultimately able to communicate well and negotiate effectively.

Wondering how an uncontested divorce lawyer can help you to keep your inheritance? Reeder Law Firm is here to answer your questions. We will walk you through the process of uncontested divorce step-by-step and give you the professional advice and support you need. To learn more about inheritance during an uncontested divorce or to get your free, confidential consultation with an uncontested divorce lawyer, call Reeder Law firm today at (770) 504-4747.