As a Georgia attorney, I understand when clients wonder why attorney’s prices are different for an Georgia uncontested divorce with no children verses an uncontested divorce with children. There is a simple answer to that question, and it is because if you and your spouse have children together a Georgia Uncontested divorce involves more paperwork for the attorney. What paperwork you may ask? I thought you would never ask! As a Georgia divorce lawyer, I am just the person to start the discussion. For an Atlanta uncontested divorce, see this page of the website.
If there are children involved in an uncontested divorce you must fill out a Financial Affidavit. This document is basically a list of all your finances and monthly expenses. For example you would list how much your house payment is a month, utility bill, even down to how much you spend eating out at restaurants in a month.
The second document required in is a child support worksheet. This worksheet is designed to calculate the exact amount of child support you are entitled to receive upon your divorce. The key factors for this worksheet would be the gross income amount for one month of both you and your spouse. Another key factor is if the children receive insurance, who pays the insurance and exactly how much is paid for one month.
Lastly, if your children attend daycare or some other type of after school program you must include this as well. You would need the same information; who pays the after school care and exactly how much is paid for one month.
If you are seeking a Georgia uncontested divorce and you do not have any children together, there is specific information that must be listed in your paperwork in order to legally be divorced. The first document to be filed with the Court is a paper basically stating that you and your spouse are getting a divorce. To establish the county that you will be filing in, you must be residing in said county for a time period of six (6) months or more. Should you and your spouse be residing in different counties, typically you file in the county that the Wife resides in.
You must always include in your Georgia Divorce Agreement the date that you and your spouse were married on. For example, if you and your spouse were married on March 17, 1998 you must include that information. It is also a good idea, but not necessary, to include the county in which you were married in. A good example of this would be if you were married in Fulton County, Georgia on March 17, 1998 you would include this into your paperwork. Let me be your Georgia divorce lawyer for your uncontested divorce to make things simple.
What Else Goes Into a Georgia Uncontested Divorce?
The next information you would need to include would be when you and your spouse separated and that you have lived apart since the date specified. If you and your spouse separated on September 11, 2010 then your Georgia divorce attorney will include this into your Georgia divorce papers. Remember these dates are important.
Since this is an Uncontested Divorce with no children, your divorce attorney will need to specify that you and your spouse have no children together and that you and your spouse are not expected to have any children together. Your lawyer also must include the grounds for which you and your spouse are getting a divorce. For example, your Atlanta uncontested divorce lawyer would state that your marriage has been broken and that there is no hope for you and your spouse getting back together.
Should the Wife want her name changed back to her maiden name this information should be included. For example, should Jane Do Wright want to change her name back to her maiden name she should include that her name be returned to Jane Marie Do.
Lastly, your Georgia divorce attorney must state that you and your spouse are filing a separate agreement that includes all assets, property, debts and so forth. The second paperwork would actually be an agreement that you and your spouse have come up with that divides all property between the two of you.
Your divorce firm must also state in your agreement, like in the first paper work, that you and your spouse are unhappy, have and will live separate. They must also state where your divorce action will be filed.There are several paragraphs that are incorporated into your settlement agreement. The first one explaining that you and your spouse are separated and will at all times live apart.
Another paragraph shall include your property and how it shall be divided up. This is where your legal representative will list in separate sections who and what each spouse is to receive. For example if the Wife is to receive her personal vehicle you would list this and what type of vehicle it is. Also if the Wife is to receive all personal property you would list it here as well. Some couples prefer to generate a “list” of all the property they are to receive.
This is also the section into which you will input this information.You should also include that you and your spouse have divided all property and that the other spouse releases any and all claims they may have to that property. It is very important to include in your Georgia Uncontested Divorce agreement any and all debts that you and your spouse may have together. Your attorney must list the debt(s) specifically and who is responsible for the debt(s). Make sure your attorney knows every item you want to include.
Should you and your spouse not have any joint debts you must specify that each party is responsible for their own debt. They must also state in your Uncontested Divorce that you and your spouse will not apply for or get any joint debts that the other spouse will be reliable for. In getting a Georgia Uncontested Divorce you must waive all rights you may have to your spouse’s year’s support and/or any estates that they may have. Should you be entitled to alimony this must also go in your settlement agreement.
Your Georgia divorce lawyers must include the amount of alimony you are to receive and when the payments will start. If you are not receiving any alimony you must state in your Uncontested Divorce that you nor your spouse are to receive alimony payments.If you or your spouse should have any retirement, pension, or 401(k) plans, you must include this in your Georgia Divorce agreement. If you and your spouse come to an agreement that one of you shall be entitled to a portion of these benefits, this information must go in your Uncontested Divorce agreement specifically. If there are no benefits to be claimed, or if you and your spouse agree that a claim be made on these benefits, then you must state in your Georgia Uncontested Divorce agreement that each party waives the right to the other’s benefits.You must also state in your Georgia Divorce agreement that if any changes are made to said agreement they are only valid if in writing and both you and your spouse have signed the document stating such.
You may have the question, what if my spouse and I have had wills drawn up with each other in them? It is important to include in your Georgia Divorce Agreement that those wills become void upon your Final Judgment and Decree. This is another place where a discussion with your divorce lawyers. Since this is an Uncontested Divorce you need to include in your agreement that each party has signed this document voluntarily and without any influences of any kind. Should there be deeds, certificates of title or any other documents that are jointly in your names and should be transferred, there must be a paragraph in your Georgia Divorce agreement stating this. If you have a time frame for when this should be done you would list that in the paragraph as well.
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Prices of a Marietta Divorce: Generally speaking it depends on how much you want to fight. If you are in complete agreement on everything, then keeping your divorce under $1,000 is a potential. This is considered an uncontested divorce. A Cobb County uncontested divorce can usually be completed within the same day.
Prices of an Atlanta Divorce: Same answer as above. If you need to go to hearings, mediation, conduct discovery, and have a trial, then you are going to have pay for the time it takes any law firm to do those tasks. In certain circumstances, ask your Atlanta uncontested divorce lawyer how to reduce litigation costs and legal fees.
How do you determine child support in a Cobb County Divorce? For Cobb County child support, the determination is based upon the Georgia child support guidelines. The law provides for some deviation, but the guidelines are fairly adequate to take into consideration all of the factors such as other child support obligations if you have children from a different marriage.
Who decides the custody of a child or children in a Georgia divorce? Can the parents decide? Yes, the parents can decide. If you can’t decide, the judge will decide for you. In many cases, the judge will want to appoint or have you hire a guardian ad litem to conduct interviews and meet both parents. This party will write a report and provide to the court in order to help the judge make the determination about child support.
How is visitation determined in Cobb County or Dekalb County, Georgia after a divorce? The standard visitation is every other weekend, and flip flopping the federal holidays. So, this Easter in even years the wife has custody, and in odd numbered years the father has custody.
How long does it take to get a divorce in Cobb County or Marietta/Roswell? If both agree to all of the provisions, it can be done in 31 days. A Dekalb County uncontested divorce and a Fulton County uncontested divorce take the same amount of time.
Does it take the same about of time in Fulton County as opposed to Cobb County? Yes. Marietta is the same as Atlanta which is the same as Decatur.
If I live in Atlanta do I have to file in Dekalb County, Cobb County or Fulton County? It depends. Generally, the county you live in if you have been there for six months.
Do you have to modify child support in the same county as the orginal divorce took place? No. See the above answer.
Does it matter what county I live in to file for divorce? Let’s say that I just moved to Fulton County after living in Fulton county for a few years. Is there a time requirement to file in a particular Georgia county? See above.
Can both parties use the same lawyer? I think this is a bad idea. One party can hire a lawyer to draft the papers, the other spouse can just sign them or hire a lawyer to say sign right here.
Does it matter who pays the lawyer? See the above answer. On the other hand, of course it matters who pays when money is a concern like in this bad economy.
Can we review your file that another attorney prepared? Yes, we can. Often times, one spouse will go to a lawyer and have documents drafted. Then, they are presented to the unrepresented spouse who signs them without understanding the documents and the terms of the divorce agreement. We advise all parties to have someone review the documents to make sure that everything is as you think it to be. Trust.
Give my Atlanta law office a call and we can discuss each of these questions. I can provide you answers for each question in further detail. Call (404) 381-8584.