DIVORCE - Frequently Asked Questions
Q. What is the difference between uncontested and contested divorce?
A. An uncontested divorce is one where two spouses have no disputes at all regarding the division of property and debts. For an uncontested divorce, an attorney simply draws up the documents required to be filed at the Courthouse and conducts a Final Hearing before the Judge to complete the divorce. If you and your spouse are in disagreement over division of property and paying the bills, then your divorce is contested even though you both want a divorce. Uncontested divorces are usually a few hundred dollars, where contested divorce cases can cost several thousand dollars to both parties.
Q. What are the main issues in a divorce case?
A. 1. Child Custody: Unless the parties agree, the Judge will make the decision
2. Child Support: Georgia follows Child Support Guidelines that require the party not having custody to pay a percentage of his or her income before taxes to the party that has primary custody of the children. There are 18 reasons in Georgia law to add to or take away from the Child Support Guidelines.
3. Visitation: The party not having primary custody shall be granted visitation rights to be with the children on specified weekends and holidays.
4. Alimony: One party may be awarded money or property out of the pocket of the other party based on the receiving party?s need and the paying party?s ability to pay. If the ability to pay is not there, then no matter how great the need of the receiving party, there will be no alimony.
5. Division of Property: Unless the parties decide, the Judge or the Jury will make the decision.
6. Division of Debt: Unless the parties decide, the Judge or the Jury will make the decision.
Q. How is child custody determined?
A. The Judge is going to look to the best interests of the children after hearing briefly from the parties and any witnesses.
Q. How is it determined who will receive what property?
A. First the Judge or Jury will look at the property you owned before you got married and if you still have it, then it is yours to take out of the marriage, this can be a car or furniture or a house or money. The same is true for any property that you inherited during the marriage and for gifts that you received during the marriage. Next the Judge or Jury will lump all the remaining property into a big pot and try to divide everything evenly, this process is called ?equitable division of marital property?.
Q. How is it determined which party will have to pay which debts?
A. The Judge or Jury will make a decision based upon the testimony and evidence at trial as to how much each party will be able to pay.
Q. Should I ask for a trial before the Judge or before a Jury or should my spouse and I make every effort to resolve all the issues prior to a trial?
A. If you do not resolve all the issues prior to a trial, then you have no say in the outcome of the trial. The Judge or Jury will make all the decisions for you and if you are not happy with the decision, you are out of luck. Compromise is required in order to dissolve a marriage. Also, the cost of a contested divorce is usually several thousand dollars for each party.
Q. Can I get some of my attorney?s fees paid by my spouse?
A. Maybe, but an award of attorney?s fees is remote enough for you not to plan on getting attorney?s fees.
Q. What will a divorce cost me?
A. Generally, an uncontested divorce is handled by an attorney for a flat fee of around $500.00 to $750.00 plus the Court Filing Fee of $65.00. Contested divorces usually require the client to give an attorney a retainer or deposit of anywhere from $1,000.00 to $3,000.00 and then the attorney bills the case by the hour (at rates from $125.00 up to $450.00 per hour) including every minute of time the attorney spends on the case, both in court and out, and in addition to the filing fee and sheriff?s service of process fees ($25.00) and any fees for expert witnesses, mediators, and any guardian (special attorney) that may be appointed for your children.