Georgia Divorce Legal Questions

Greetings, and thank you for your question. You have to understand that lawyers are paid by the hour and the retainer (agreement) has or should have a clause where it states, that the attorney is charged, $X amount for his services, (flat or by the hour) when the retainer is exhausted, the client will be responsible for paying owed balance, or the attorney will charge interest. Sometimes, depending on clients, we as attorneys, when we are not getting paid or we judge the client financial situation is not equipped to handle the balance owed or the expected balance, we either don't take the case and or we simply withdraw from it. Your former attorney feels that the case used up the retainer, and for any further services, you will need to either deposit a new retainer amount or retain on flat-fee services. I believe his $1,500 will cover up to 2 court appearances and the contempt motion.   What can be done now, is to assess the performance of your attorney. If you like how he worked than retain him again. If you are not happy with his performance, and yes, many attorneys purposely drag out a case to continue billing. Assess your financial situation, if you are able to retain an attorney, then please shop around, and you can start with calling my office to discuss our rates. Every attorney is different. Some charge just for charging sake and some are aggressive and results orientated like us, where our performance is justification for our prices. We do have payment plans options for people with good credit and stable income. Feel free to contact my office and speak with my case manager at 877-866-8665 to discuss in more details regarding your case. Thank you.... Read More

Usually internet websites do offer such services for Pro Se, at around $200.00 + court fees. But keep in mind that the work they perform for that price is only automated and does not include legal guidance, or ensure highest leval of legal services. Its just a document preparation service. Paying an attorney to do the same work gives you an advantage of not having to stress about the process. And with an Attorney you can always follow up with any legal questions or concerns. A typical divorce attorney in uncontested like your case, starts at $750.00 Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read More

Thanks for posting yoir question. Toxic relationships are no fun at all. You can file for divorce in the county you are in. You can go to the family court in your county and speak with the court clerk for more information as to how to move forward and request a Pro Bono attorney (someone that volunteers to gain experience.) Otherwise a private attorney for a divorce is anywhere from $750 - $3,500. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney but able to represent themselves in court.... Read More

I assume you have not started the divorce process yet.     Are both of you on the deed and mortgage?  If not, who is on the deed and who is on the mortgage?  Are there minor chldren who have lived in the house most of their lives? If she is on the mortgage with you, can she refinance based on her income? Is she a housewife who takes care of the minor children (if you have any)?   Is there equity in the house?  If so, how much? The answers to these questions may assist in determining how a judge would rule in this dispute.... Read More

Immigration Law has become something of a specialty among lawyers because the laws and regulations change and they are complicated to begin with. I cannot answer your question. I suggest you find an immigration lawyer (perhaps online, or through your State Bar Referral Service, the Yellow Pages, or through friends), who would be far more competent than I to answer your question. Good Luck.... Read More

You can do a legal issue and county or city  search on lawyers.com to find a lawyer.   You should call several attorneys in the city/county where you want to file a divorce.  Lawyers differ in experience and fee structures. You should also interview several lawyers to determine who you can work with for several months or even more than a year.    If you cannot afford a lawyer, you should search the website of the Superior Court where you want to file the divorce to determine if there are services in the county that offer free consultations or full representation for those who have low income.  If the county is large enough, the bar association in your county may have a pro bono service.  ... Read More

By itself, I wouldn't say it's "grounds" for alimony. But, it may be a factor if his adultery led to the separation of the marriage. A judge would also look at several factors in determing alimony. There are no strict guidelines. Contact a local family law attorney for further advice.  ... Read More

This depends on a few factors. Generally speaking, a person is presumed to understand and read what they signed, so it may be difficult if the papers you signed clearly state you are to pay child support. On the other hand, if there is fraud, or some sort of duress or genuine misunderstanding, you may be able to undo the agreement. A lot depends on the timing as well, so don't wait too long if you want to contest it. You should definitely contact a lawyer as soon as possible. ... Read More

You can complete the forms necessary for an uncontested divorce.  Depending on the county where you reside, you may be able to download the forms.  If not, call the clerk of the superior court to determine if the office has printed forms you can pick up. Once you obtain the uncontested form packet, read the instructions carefully, complete the forms, have the necessary documents notarized, and file them with the filing fee. If all required documents are completed, both of you may be able to obtain a final hearing within 31 days after filing.   ... Read More

It all depends on a number of  factors. If you are seeking an uncontested divorce, you may be able to obtain a hearing within 31 days after filing.  An uncontested divorce means the spouses agree to all terms.  If there is a dispute on any issue, it is not an uncontested divorce and the time frame for obtaining a divorce will be extended.  When you file a contested divorce, a temporary hearing can be requested to address temporary spousal support, visitation, custody, and possession of the marital residence.  The judge's calendar and the ability to serve the respondent spouse will dictate the timing of the temporary hearing.   The judge can also order mediation or you can request mediation.  Mediation may resolve all the disputed issues and push the timetime up  for obtaining a divorce.  Otherwise, it may take upwards of 9 months to a year (if not longer) from filing to final hearing to obtain a divorce.  Six months is taken up with discovery.  If there are multiple disputes with minor children, the process can be very long. ... Read More

It sounds like you need an attorney who can act as an uninterested third party to facilitate your divorce. If she does not want to see you anymore, perhaps the two of you could have an uncontested divorce (meaning you agree to the division of your assets and debts). You can theoretically have an uncontested divorce with minimal, if any, direct contact between the parties.  To your specific question, you can have a divorce in Georgia if you cannot find the other spouse, but there are strict procedures for that and it not seen often. ... Read More

It is always a good idea to have an attorney work with you on legal documents. Some attorneys will offer document production or document review services. Be sure to get a description of your legal services and the fee in writing at the start. I highly recommend that you at least have someone review your documents given that there are minor children and child support is involved. You need to ensure the documents are properly completed for the best interests of the minor children. Christine@Bechtold-Law.com... Read More

You should talk to an immigration attorney. I suggest you wait to file the divorce until after you have the green card. You can ask for maintenance and a percentage of the community property in every divorce. Your student loan will be your separate debt since you will have all of the benefit of the education. Any other debts that are clearly community debts will be allocated between the two of you. I suggest you get a lawyer.... Read More

The first question is "Have you both lived in Georgia for at least six months?' If the answer is yes, then you would file for divorce in the county that the opposing party resides. If it is a uncontested divorce, the other party can waive venue and allow the divorce to be filed in the county in which you reside. If it is a contested divorce, the complaint has to be filed in the county of the other party and that party has to be served with the proper documentation.  ... Read More