Q & A

Here are some frequently asked questions from divorce clients which you may find helpful to read prior to your intial consultation:

Many clients share the same fears, questions and beliefs about the legal process. Here is a list of the most common questions and answers we receive in divorce cases:

Am I Going to Win? It is our firm’s belief that no one "wins" in a divorce case. We will provide you with our best efforts to have the issues in the case resolved in your favor, however, there are no guarantees in legal proceedings.

How Long Will It Take? Each case is different and it is difficult to forsee how long a case will last. We can provide you with a "timeline" about the divorce process but the length of your particular case depends on the number and complexity of the contested issues and the willingness of all parties/attorneys to reasonably attempt to negotiate a settlement. The following is a basic time frame for divorce proceedings in Georgia:

A. 30 days (Uncontested Divorce): From the date the other party is served with the Divorce papers, your divorce cannot be finalized for at least 30 days even if you settle all of the issues in the case.

B. 30 days (Contested Cases): The party who is served the divorce papers, has thirty (30) days from the date of service to file a response with the court. Failure to file a response could lead to a default.

C. Parenting Course- When the parties have minor children in common, the Court requires the parties to attend a parenting course. You are solely responsible for registering for this course, completing the course and providing this Firm with a copy of your certification of completion. YOUR CASE WILL NOT BE FINALIZED UNTIL YOU COMPLETE THE PARENTING CLASS. Once we file your pleadings (the Petition or the Response) we will send the packet to you. Please go to www.southernjudicialcircuit.com and click on "A Program for Parents regarding the effects of divorce on children" to find out the date/time/location of the parenting course. Once you complete the parenting course, a Certificate of Completion will need to be filed with the Court. If you feel the need for further information about how to parent through divorce it may be advisable for you to register for additional parenting courses. One useful parenting course online is www.parentingthroughdivorce.com. There is a $60 registration fee but the seminar is very informative and useful.

D. Mediation: Prior to going to trial, if the parties cannot agree on a custody and parenting time arrangement for the minor children, you will be required to attend mediation. At mediation, both parties and their attorneys attend a meeting with a 3^rd party mediator who is trained to assist people with resolving custody and parenting time disputes. At mediation you should do your best to negotiate an agreement. If you reach an agreement, you will sign the agreement and it will be filed with the court. If you do not reach an agreement, that is ok, and the case will proceed to trial.

How Much Will it Cost? It is difficult to determine how much a divorce will cost. The costs vary depending upon the complexity of the issues. If parties are willing and able to negotiate a settlement, the matter will be less expensive and will be resolved quicker. However, if the parties cannot settle the issues, for whatever reason, the case will go to trial. Going to trial is always more expensive than settling a lawsuit. There are things that you can do to make your divorce or custody battle less expensive. For example, providing us the documents we request in a timely manner may lower your costs or putting your proposed resolution of the case in writing to us may help us. The more time you are willing to put into the case, the more time you can save the attorney which in the end allows the attorneys to use your money in the most efficient manner possible.

What If My Spouse and I Reach An Agreements Together? Generally this is a good thing. If you do come to an agreement with your spouse regarding anything related to the divorce or custody case, tell your spouse you will not agree to anything without consulting us first, then please advise us immediately of the proposed agreement. Please do not sign any papers transferring any property or agreeing to transfer any property to or from the other party without first conferring with your attorney. If an agreement is reached the attorneys will prepare the proper documentation for your agreement to become a final order of the court. However, do not be intimidated by your spouse if an ultimatum or deadline is given to accept or reject an offer. Expect your spouse to resent your attorney and attempt to undermine his/her influence. If your spouse makes statements such as "my lawyer says" or "your lawyer is wrong because", please contact us immediately so that we can advise you as to the truth of the statement(s) made.

In a contested divorce, child custody or child support case, you may be asked to provide detailed financial information. Below is a list of common documents you may need to provide as part of your case:

Please review this list carefully. Many of the documents are needed immediately, others are needed later in the case, if at all. However, regardless of when the documents are actually needed for court, a complete picture of the income and assets of you and your spouse is absolutely necessary for us to effectively represent you.

HERE IS A LIST OF DOCUMENTS WHICH ARE USUALLY NEEDED FOR DIVORCE, CUSTODY AND/OR CHILD SUPPORT CASES:

1. Income Tax Returns– Completed personal, corporate, partnership, joint venture, or other income tax returns, both state and federal, including all W-2's, 1099, for the last three tax years.

2. Income Information- Two of your most recent paycheck stubs, from all sources. Please provide your spouses income information if possible. Include a list of all employers, wages, bonuses, commissions, or other benefits of any kind over the last three years.

3. Banking Information- All monthly bank statements, certificates of deposit, money market accounts, retirement accounts from all banks, credit unions or other institutions in which you or your spouse have an interest.

4. Financial Statements submitted to banks, lending institutions, or any other persons or entities, which were prepared by you or your spouse during the last three (3) years.

5. Brokerage Statements- Monthly statements from all accounts of securities and/or commodities dealers or mutual funds maintained by you or your spouse during the marriage, and held individually, jointly or as trustee or guardian.

6. Stocks, Bonds, Mutual Funds- Certificates, if available, of accounts owned by either spouse during the marriage or pre-owned by you.

7. Stock Options/Pension Plans- All records pertaining to stock options held in any corporation or other entity exercised or not

8. Retirement Plans/401(k)- or any other kind of deferred compensation plan owned by you or any corporation in which you or your spouse has been a participant during the marriage, including annual statements

9. Life Insurance- policies now in existence, insuring you or your spouse, and statements of cash value, if available.

10. Outstanding Debts- Documents reflecting all debts owed to you or by you, secured or unsecured, including personal loans, credit card statements, and lawsuits pending or previously filed in any court.

11. Business Records or Ledgers in your possession and control that are either personal or business-related, together with all accounts and journals.

12. Real Property- Any deeds of property in which you or your spouse has an interest together with evidence of all contributions, in cash or otherwise, made by you or on your behalf, toward the acquisition of such real estate during the marriage or thereafter.

13. Sale and Option Agreements on any real estate owned by you either individually, or through another person or entity, jointly, or as trustee or guardian.

14. Personal Property– Documents, invoices, contracts, insurance policies and appraisals on all personal property including furniture, fixtures, equipment, antiques, and any type of collections, owned by you individually, jointly, as trustee or guardian, or through any other person or entity during the term of the marriage.

15. Motor Vehicles- All financing agreements and titles to all motor vehicles owned by you individually, or jointly, including the VIN numbers (includes boats, cars, or other types of motor vehicles)

16. Corporate Interests- All records showing any kind of personal interest in any corporation (foreign or domestic) or any other entities not evidenced by a certificate or instrument.

17. Trust Agreements showing you or your spouse as trustee or beneficiary.

18. Health Insurance- If you provide health, dental and/or vision insurance for your spouse and/or minor children, please provide proof of the insurance and the monthly cost associated with the insurance.

19. Prenuptial/Postmarital Agreements- Please provide copies of any type of prenuptial, postmarital, community property or separate property agreements signed by you or your spouse before or during the marriage.