Divorce

Uncontested Divorce:

These can occur if the couple has resolved all issues of divorce including property division, payment of debts, alimony, child custody, and visitation schedules either through mediation or on their own. One attorney can represent the party who is going to be the Plaintiff and draw up the agreement. It is always advisable that the other party have the final papers reviewed by their own counsel to protect their interests. Once filed, the final hearing can take place within 31 days.

Contested Divorce:

A contested proceeding occurs when the parties cannot agree on one or more issues of the divorce such as property division or child custody. Between the filing of the divorce and the trail, the couple may cone to a settlement agreement through their attorneys or through mediation. If so, then the action may be converted into an uncontested hearing. Without resolution, the parties proceed through discovery where each side gains information about areas of financial assets and earnings, lifestyles of the parties, and the physical and mental health of the parties and their children. This process can be done through written questions, exchange of documents, depositions and examinations. After discovery, the parties proceed to either a bench trial (with only a judge) or a jury trial to resolve the remaining issues. Before the trail, you may have one or more temporary hearings before the judge to determine temporary spousal or child support, custody, living arrangements or payment of attorney's fees. Contested Divorces are more expensive because of the attorney's time and court costs. Most attorneys will require a sizable retainer before filing a contested divorce.

Modifications:

Often after a divorce, further litigation may be necessary when the circumstances of the parties substantially change. A party may wish to seek a different custody arrangement or visitation schedule. Events to warrant a change may be a change in living conditions or a change in lifestyle. Sometimes, a third party such as a grandparent or sibling may seek custody if both parents are unfit. One party may request a modification of child support if the paying party is making substantially more or less money than at the original time of determination. In determining custody, Georgia courts usually use the theory of what is in the best interest of the child. Child support is based on Georgia statutory guidelines.

Non-traditional families:

Sometimes, families or domestic arrangements do not fit the traditional definition of a family and parties may not have access to divorce court even though they are separating and have legal problems. Through the use of attorneys or a mediator, these families can resolve matters of property division, custody and support through negotiations or civil proceedings.