7 Things You Should Know About Divorce!

  1. Attorneys typically use forms and simply have their assistant fill in the blanks for them.

    When you retain an attorney to obtain an uncontested divorce, most law firms will charge you for generating the Complaint for Divorce and the other documents that need to be filed, based on the information you provided. Depending on the area, city or town, some attorneys can charge you anywhere from $750.00 to $2500.00 for generating the documents you need for your divorce. Some attorneys will charge you by the hour and can charge from $150.00 to $500.00 per hour. However, when your Complaint for Divorce is being generated, your attorney is probably the last person to look at the documentation before you do. In fact, many attorneys rely on an assistant or paralegal to generate the documents for the attorney to review quickly as he signs them and just before they are filed in the clerk's office. The client (you!) more often than not will find mistakes and inaccuracies in the documentation during a review before an attorney will!

  2. Some attorneys will tell you that there is no such thing as an uncontested divorce.

    Don't believe it! Some attorneys may take advantage of couples who in the beginning of working through their divorce can't agree on how the assets they acquired during their marriage are to be divided. A couple going through a divorce will not always be able to agree immediately on how to divide their assets as they go through the separation process. Each person may want the same item or property that the other person wants. Let's face it and be realistic, if you and your spouse both saw eye to eye on everything the probability is that you wouldn't need to get a divorce. It's a fact that eventually in any divorce situation, if the parties apply common sense to their situation and are willing to talk, that they can work out the division of their property. In the end, someone will make the decision on who gets what. The only real alternative is to let a Judge decide who gets what. Division of your property should be done by you, the parties alone. By being willing to cooperate so that you can both get on with your lives and not having anything to fight over, you can ensure that you keep the divorce as an uncontested process and get it completed as quickly as possible. Keep in mind that once you have agreed on everything, a divorce in Georgia can be completed within 31 days after you file the papers in the clerk's office.

  3. Uncontested divorces can be done cheaply and effectively and requires little experience in the law system.

    When a person represents him or herself, that person is considered to be a pro se party. Many people don't realize that the law allows both parties to represent themselves in a divorce and by doing so that you can save literally hundreds or even thousands of dollars. If both parties can agree on everything that needs to be divided in a divorce, including personal property and real property, it can be as simple as making a list of the items that are his and those that are hers and attaching it to the Separation Agreement with both parties' signatures. The hardest part about getting an uncontested divorce is generating accurately the forms and documents that are needed to ensure that the process goes smoothly and quickly. While you don't need to know a lot about the courtroom procedures, with just a little guidance you can walk into the courtroom confidently and not be intimidated by the Judge or other attorneys in the courtroom. If you know what is expected of you and you know what the process will entail, you can have less stress and anxiety as you get your divorce accomplished.

  4. Judges don't want to have to make a decision about how to divide the assets that you have accumulated during your marriage.

    Judges typically want the parties in a divorce to work out any difference that they may have about the various issues that come up during their divorce. That includes people who have children. They prefer to have the two parties keep the relationship amicable and will often give them or their attorneys some time on court day to attempt to reach a settlement. It is only when the parties cannot reach a settlement that the Judge will get involved. When the Judge has to, the Judge will allow each side time to give their testimony or present any evidence that will support their side of the case. This usually involves each person and one witness in a temporary hearing. If the hearing is a final or if there is a jury trial, each side is allowed to present whatever evidence they may have. Sometimes the parties will choose to have a bench trial, where the Judge makes the final decision about the issues in a case. When this happens, you are asking a person who hears only bits and pieces of your life and marriage to form a decision about who you both are, what you have, and who should have it after the divorce. The Judge doesn't have to give you any reason why he decides the way he does and it is supposed to be based on evidence. What if the Judge had a bad morning? What if the picture the other side paints of you is not a nice one/ What if the other side just makes up evidence and you have not had a clue what they were going to present? Then guess what? YOU LOSE! Judges hate to be placed in a position where they have to make decisions that affect the lives of everyone, but when they see that one of the parties is being stubborn and just refuses to settle, they will make the decisions for both sides. Does this mean you have to give up everything to the other person? No! It means that you are going to have to work a little harder to negotiate and settle your issues.

  5. Judges don't particularly like "Pro Se" Plaintiffs because they don't know that proper procedures for filing a divorce and tend to not have every document needed to complete the divorce.

    Attorneys go to law school, pay a lot of money to practice law and learn the ins and outs of the legal system. A person who represents him or herself is called a "Pro Se Party" and could be a risk to themselves when in a court of law by not knowing the right procedure for handling a case. Attorneys know the procedure for navigating through the legal system and the courts, as well as knowing the forms and documents that need to be filed for the various types of cases they handle. Judges cringe when they see a pro se party come into court because they usually waste the court's time by not being prepared and by not having all of the documents needed. Pro se parties often have to come back to court on multiple occasions because they are not prepared. The Judge cannot advise you about what you need to do or where to get what you need. All they are supposed to tell you is that you need to get an attorney if you cannot figure out what to do. You can also go to the state code for domestic relations and try to muddle your way through it. This leads to a lot of frustration on everyone's part and again is a waste of everyone's time. Your time is as valuable as everyone else's. If you walk into court confident that you know what is going on and that you have all of the document you need your day and the Judge's day will be a lot better.

  6. A person can choose to change his or her name back to his or her original name before the marriage.

    Typically to change your name, you have to go through a special procedure and file a special case in Superior Court. However, there is an exception to the rule for a person who decides that he or she wants to restore his or her name upon having the divorce granted by a Judge. In this case, the court will allow the husband or wife to have the name change added to the final judgment ordered signed by the Judge. Then by going to the clerk's office and obtaining a certified copy of the order, the person can have all of his or her personal information changed.

  7. There are only 7 basic questions that the Judge will have to ask you in order to grant the divorce.

    When going before the Judge, only the Plaintiff will have to attend court and they will have to give testimony to the Judge before the Judge grants the divorce. Typically, there are only seven basic questions that the Judge must ask the Plaintiff in order to grant the divorce. Normally, the attorney you hired would have you take an oath to tell the truth and then ask the Plaintiff the questions for the Judge to hear the answers. The questions normally asked are: 1. What is your name and address? 2. Are you married to the Defendant? 3. Have you been a resident of Georgia for more than 6 months prior to filing this divorce? 4. Have you and your spouse lived in a bona fide state of separation since filing for this divorce? 5. Is your marriage irretrievably broken with no hope of reconciliation and are you asking that this court grant you a divorce? 6. Are there any minor children of this marriage still living at home? 7. Have you or the Defendant entered into a Separation Agreement and is this your spouse's signature? If there are children, the Judge may ask you if you and your spouse have attended a parenting class and provided a certificate to the clerk of court.

Back to Top

Site Map
* About Us * FAQ

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, e-mails or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship.