Athens Georgia Divorce Lawyer

Is it hard to get a divorce?

It depends. If you and your spouse can agree on most issues, then it will cost less to get a divorce. Disagreements can be costly and make your divorce more expensive. Sometimes couples getting a divorce can’t agree on certain issues such as property division, child custody arrangements, visitation, etc. Your attorneys can help settle these disputes, and often bridge the lack of communication that can occur when you’re getting a divorce.  In a divorce situation where the couple may be resentful and bitter towards each other, your attorney can assist in the calming of emotions and help ensure that the divorce will be fair to both people involved.

Is divorce expensive?

Obtaining a divorce can be economical, or very expensive. It all depends on how much you and your spouse can agree on, and how many issues have to be negotiated between you and your spouse’s attorneys, or the judge.  Some lawyers charge a flat fee for divorces that are not complicated and the couple has agreed upon all major issues. If your case is complicated and requires a long drawn out court battle, your attorney may charge you an hourly rate. Unlike some other areas of law, attorneys cannot charge a contingency fee in the case of a divorce.

If a couple and their attorneys can come to an agreement on any issues without having to attend a lot of court hearings, a divorce will cost less money than if that couple has to go through a long court process. If the attorneys have to file a lot of pleadings, and attend multiple court hearings, the legal fees will increase. In most cases, an attorney will charge you for travel time to and from court, the time they spend in court, and the preparation work that must be completed before the hearing itself. Every time you telephone your attorney, it is likely you will be charged for the amount of time your attorney spends talking to you.

Do I have to have an attorney to get a divorce?

In the state of Georgia, you do not have to have an attorney in order to obtain a divorce. You will be required to fill out a Complaint for Divorce and a Settlement Agreement. The Settlement Agreement tells the court how you and your spouse are going to divide any personal and real property, who is going to pay any debts, how the court costs are going to be paid, etc. The people who work at the court are not allowed to tell you how to complete the required paperwork; only an attorney can give you advice on how to complete these documents.  If you don’t complete the documents properly, you may not be able to enforce the agreement at a later date. Georgia law is very specific on what has to be included in these documents and what has to be included if children are involved. The best way to make sure the Complaint and Settlement Agreement are completed according to Georgia law is to hire an attorney to protect you and your spouse’s rights.

If you are facing a contested or uncontested divorce in the Athens-Clarke County area area, then call the Athens Georgia legal offices of (Athensfirmname), an experienced divorce attorney.  Call (706-phone) or fill out our feedback form.

Can my spouse and I use the same attorney?

In short: no. It would not be ethical for the same attorney to represent people on opposite sides of a divorce case.

Do we have to have a judge?

The only way your marriage can be ended is to have it done in court. The judge has to approve the final divorce papers. If you and your spouse have a disagreement about certain issues, the judge could have to make a decision on those issues, and may ask you to produce certain evidence to support your position.  If a couple agree on everything, the judge has to approve the final divorce. Until the judge formally dissolves your marriage, you are considered to be legally married.

Do I have to have “grounds” to get a divorce?

Yes. In the state of Georgia the law recognizes 13 reasons, or grounds for a divorce. The most commonly used reason is “irretrievably broken” or “no-fault”. In a no-fault divorce neither you or your spouse will have to prove who is responsible for the failure of the marriage. All you have to prove in a no-fault divorce is that you feel the marriage is over and can’t be fixed.

What is a fault divorce?

In Georgia, fault divorces are becoming an endangered species, but they do occur. A fault divorce is when one of you accuses the other of some type of misconduct that are grounds for divorce in the eyes of the law. This accusation could be one of adultery, physical and/or mental abuse, mental illness, desertion, alcoholism, etc.

If your goal is just to get divorced, you may want to consider using a no-fault divorce so you don’t have to prove your accusations, just simply swear that the marriage is broken and can’t be repaired.

I got a divorce complaint from my spouse. What should I do?

You should contact an attorney as soon as possible. You have to respond to the complaint in writing within 30 days of receiving it. It’s important that every claim in the complaint is responded to. You can admit some allegations or deny them all or any combination of the two. You can also file a counterclaim and sue your spouse for divorce. If you don’t answer the complaint, the court could assume that you are admitting to all the allegations.

What happens if I can’t wait the required 31 days for a hearing?

You can request a special hearing in front of the judge to decide matters on a temporary basis. Such issues temporarily decided in this type of hearing can be who will pay the mortgage, pay other household bills, and other important issues. The judge may also order that neither you nor your spouse can sell any assets, and they may also award temporary child custody, visitation, and child support.
Does it take a long time to get a divorce?

If you both have agreed on all the issues it may be possible to be granted a divorce in approximately 31 days. If there are a lot of unresolved issues between you and your spouse a divorce could take months or even years before it is final.  Any time during the divorce process you or your attorney can submit an agreement if all the issues between you and your spouse are resolved.  If the first 31 days have already passed, the judge will dissolve your marriage as soon as all of the issues are resolved.

I f we were married in a different state, can we still get a divorce in Georgia?

No matter what state you were married in, you should file for a divorce in the state you live in. In Georgia, you must be a legal resident for at least six months before you are eligible to file for a divorce. Even if you live in Georgia and your spouse lives in a different state, the court can still grant your divorce. However, you should be aware that your spouse could ask the court to move the divorce proceedings to the state they live in. Your attorney can help you figure out what to do if this happens because every state has different divorce laws, and some state’s divorce laws are more lenient and generous than others.

Where do we file for our divorce?

You should file for a divorce in the Superior Court in the county that the defendant lives. For example, if you live in one county, and your spouse lives in a different county, the divorce should be filed in the county your spouse resides in.  However, if your spouse has left the state you can file the divorce at the Superior Court of the county you live in. If your spouse has been out of state for less than six months, or if your spouse agrees to it, you can file for the divorce in the county where you reside.  Your attorney can assist you in filing for divorce in the proper county.

My spouse and I still live together. Can we still file for a divorce?

Yes you can still file for a divorce. In most cases, the court will require you and your spouse to be legally separated.  You can be legally separated and still live in the same house. The basic guideline for legal separation is that you and your spouse are no longer having sexual relations.

Does a judge handle our divorce or a jury?

In any divorce a judge will handle the final divorce decree. If neither you or your spouse is fighting the divorce, the judge will approve the agreement and no jury will be involved.

If you or your spouse is fighting or contesting the divorce, the judge will handle all issues involving any minor children, but either a judge or a jury can decide any money disputes. Only a judge can deal with issues involving attorney’s fees.

As an example, if you and your spouse can’t come to an agreement on child custody and/or visitation, the judge will handle those issues, not a jury.

However, you can’t come to an agreement on how to divide the bank accounts, whether to sell the house, or how much child support should be paid, the judge can decide that, but you or your spouse can request a jury to settle those disputes, and the divorce case will go to trial.

In that case, the judge will rule on such issues as temporary child custody, child support, and temporary asset use leading up to the trial.
The decision by a judge or a jury is final, but you can appeal the decision to a higher court.

If you are facing a divorce in the Athens GA area, then call divorce lawyer (Athensfirmname) at (706-phone) or fill out the feedback form.