Sometimes You Need Someone To Stand Up For You
Frequently Asked Questions Regarding Family Law
Divorce Questions
- Does the Court need to be involved?
- Only a court may grant a divorce, which doesn't mean a hearing or a trial is required, because your case may be settled.
- What grounds do I need for a divorce?
- You don't need grounds for a divorce. It's enough to say your marriage is Irretrievably Broken, and there is no chance at reconciliation with your spouse.
- What is a legal separation?
- It means you and your spouse no longer have marital relations with each other. There is another meaning too. It may refer to arrangements for living apart pursuant to a temporary order of the court.
- Do I need to reside in Georgia to get divorced in Georgia?
- One of the spouses must have resided in Georgia for the past 6 months.
- How do I file for divorce?
- In the Complaint for Divorce you must allege and swear to certain facts in a form which meets the requirements of Georgia Law.
- Where do I file for divorce?
- In most circumstances it is the Superior Court of the Defendant's residence.
- I just received a complaint for divorce from my spouse, now what?
- You should consult an attorney; but you do have 30 days to file an "Answer".
- Can I get the court to help me immediately?
- That really depends on the specific facts and circumstances of your case.
- What if there is violence?
- Call the police and then consult an attorney.
- Will a judge or jury decide my case?
- It depends on the facts and circumstances of your case. This is why it's important that you consult an attorney. You have the right to have a jury decide some issues, however there are other issues only a judge can decide. You should also recognize that Divorce is a Process; your case doesn't go straight to court.
Questions about the Children
- What about my children?
- A judge actually determines child custody, but there are so many factors and considerations that you should discuss with an attorney.
- How is child support determined?
- Georgia uses what is referred to as an Income Shares Model in determining child support. The focus is on the income of both parents, to determine the child support contribution paid by each parent. The determination takes into account many factors, which should be discussed with an attorney.
- What is alimony?
- Alimony is a support payment which one spouse pays to another, and while not a certainty in any case, relies on numerous factors and which should be discussed with an attorney.
Time and Cost Questions
- What happens to "our" possessions?
- Marital property is generally defined as property acquired during the marriage, not including property received by gift from a 3rd party or by inheritance. Each spouse is entitled to an "equitable" (which does not mean equal) share of all marital property. There is no set formula or percentage amount used to determine "Equitable Division".
- How will court orders be enforced?
- Court Orders are enforced in many ways, and the answer really depends on what the specifics of what is ordered. These are issues which you should discuss with an attorney.
- How long will the whole process take?
- This is the most difficult question to answer. The short answer is 31 days if both parties agree to a settlement, and the court is satisfied that all the requirements for a divorce have been satisfied. In other cases it could take as little as several months or as much as several years before a divorce is finally granted.
- My spouse and I agree on all matters concerning the divorce, do we still need a lawyer?
- Maybe not, but, what you absolutely need is a well written agreement that represents what you and your spouse do agree on.
- What will this cost?
- Family Law Attorneys charge either a flat fee or an hourly rate. My standard rate is $250 per hour. I personally believe that many family law attorneys charge too much for their hourly rate, or they charge for too many hours during the case. In the metro Atlanta area legal fees vary from firm to firm and based on the experience of the attorney. Most attorneys require payment of a retainer fee, which is an amount held by the attorney to be applied to your fees, over the course of your case. Be very wary of any attorney who represents that the retainer fee is non-refundable, as this is a violation of State Bar of Georgia rules. I'm usually willing to adjust my fees based on the needs of my client on a case by case basis. I'm not going to turn someone down because of their inability to pay for my services in full, if I believe in a client's case, and if the situation warrants an adjustment. On occasion I also take on cases pro bono or without a fee.
