Do you have a question about Divorce? Need an answer? You may find the answer here in our collection of questions and answers. These are questions that we are most often asked as family law attorneys in Georgia. However, you must remember that every case is different, and this does not constitute legal advice. We can give you tailored information based on your individual case if you schedule a consultation.
Should I get a divorce?
This is not a question any divorce attorney should answer. If you find yourself in an attorney's office, and he or she tells you that you need to file for divorce, get up and walk out. Only come to a divorce attorney to gather information in the event of a divorce, or if you have already made the decision to divorce. If you are still struggling with whether or not you still want to be married, you may want to work these issues out with a marriage counselor, either with or without your spouse.
What is divorce going to cost me? Can I afford it?
At Edwards & Associates, we work on a retainer basis. We maintain retainers that are affordable for most clients of modest means. Our retainers start at $2,500 and go up to $10,000, depending on the complexity of your case. No attorney can guarantee how long a case will last. There are many factors that control the length of a case. Examples of these factors include: who the opposing counsel is, how cooperative the other side is, or if one party just wants to "win" rather than focusing on resolving the case.
How long is this going to take?
It depends. If both parties are calm, rational adults resolved in solving the issues rather than bickering with each other, then you have a chance to settle your case quickly and inexpensively. If one party wants to "win" at all costs, it could take awhile. If one party wants revenge or control, it may be worth it to him or her to spend thousands of dollars in attorney's fees arguing over a $100 couch. However, if your goal is to keep costs low, and actually retain some of the money you have worked hard to earn, then ask your attorney to focus on what is really worth fighting for -things like custody or parenting time, the division of assets and debts, and reasonable child support. We advise our clients to talk with a counselor to work through their anger, abandonment and revenge issues -not their attorney.
Do I have to prove my spouse is at fault?
The short answer is no. In Georgia, there is an option to divorce on a 'no fault' ground, which means the marriage is irretrievably broken. This allows the parties to focus on restarting their lives ;and if there are children, focusing on their best interest rather than re-hashing past behaviors. However, if there are serious issues, - child abuse, abandonment, drug abuse, etc. - these issues may be relevant in dividing property and deciding who gets custody of the children. Adultery may be relevant only if the person requesting the divorce is the one having an affair that broke up the marriage.
How can I protect my children?
Edwards & Associates and Georgia courts regard children as the highest priority in the process. We protect children throughout the court proceedings, and encourage our clients to do the same. The children should not be brought into the proceedings. Messages should not be passed through the children. If your ex is late on child support, do not tell your children "Tell Daddy/Mommy to pay me the money," when you send them for visitation. This confuses the children and makes them feel even more fragile than they already do as children of divorcing parents. If you make your children a pawn in your divorce, you will regret it later. Our philosophy is to help you develop a new parenting relationship with your ex-spouse so the focus is on the future, not your past marriage.
What about child support?
Unless the parents each have the children about 50 percent of the time and they make roughly the same amount of money, child support will be paid. The parent who does not have the children most of the time pays the support. This person is called the non-custodial parent. This oftentimes is the father, but nowadays more and more fathers are obtaining custody and receiving child support from the mothers. New child support laws were passed in 2007. Both parents' incomes go into a formula, along with adjustments for parenting time, insurance paid, educational and extra-curriculars expenses, other children in the household, other child support paid, and other items. Each parent is responsible for a share of the child support, and the party who does not have custody of the children pays his or her share.
Can I get alimony? / Do I have to pay alimony?
The only answer to this question is: It depends. Alimony in Georgia is rehabilitative - designed to get the person in a position where the person receiving alimony can fend for himself or herself. Each case is different. There is no formula for alimony. The judge will decide based on the length of the marriage, work prospects for each party, conduct of the parties, the ability of the spouse to pay alimony, whether adultery was committed and a whole host of any other factors the judge deems relevant. Also, each judge and each county is different. Based on our knowledge of the different judges and your individual case, we can give you our best estimate of the likely outcome.
How do I prove adultery?
Proving adultery is difficult. If you have incriminating emails or text messages, you have to prove you did not obtain them by illegal means. Even if you are married, there are rules about privacy issues, even if a computer is in the same household. Talk with an attorney prior to attempting to retrieve any incriminating information, to make sure your actions are legal and do not invade your spouse's privacy. Also, you may not record phone calls between your spouse and his or her accused lover, and then try to use this information in court. There are legal ways to prove adultery. If adultery is an issue in your divorce, speak with an attorney. We will tell you whether or not the adultery is relevant to your case. If it is, we can advise you how to legally obtain the evidence to help you with your case. It can be very expensive to prove adultery, and unless you are at risk of paying a large amount of alimony, it may not be worth it.
Why does anyone use adultery as a ground for divorce if it can be so expensive?
We do not have a clue. Even though adultery is more common (or just more exposed) than it used to be, judges still do not look favorably on adultery. Some attorneys believe that proof of an affair may sway a judge to their point of view. (Adultery is actually still a crime in Georgia.)
Some angry spouses use the adultery claim as a way of attempting to achieve moral vindication. They feel that they will have some psychological satisfaction of proving that their husband-/wife was unfaithful and was the cause of the end of the marriage. However, we rarely see this vindication be worth the time and expense. We have seen a scorned spouse spend $80,000 in attorney's fees and private investigator fees to prove her husband was having an affair. (This was not a particularly difficult task, as he was already living with the other woman.) However, when the dust settled, the court did not award her attorney's fees back and she spent more in attorney's fees than she received in the final property settlement. She ended up with a massive amount of debt and nothing to show for her investigative efforts. A good attorney would have tried to discourage her from such an approach. We represented the husband in the above scenario. He spent one-third of the fees that she did and the settlement exceeded his fees, so he ended up with a surplus. It's doubtful that the ex-wife now feels that her moral vindication was "worth it."
When is my case going to be over?
Once the divorce is underway, the temporary hearings are over, and the initial emotions that run high have usually cooled somewhat, the parties can focus on resolving their case as cost-effectively and quickly as possible. Our goal is to bring each case to a conclusion through a mediated settlement. This saves the clients a great deal of emotional and financial strain. Most divorce cases last anywhere from three to 12 months. It can be shorter, depending on the parties' cooperation. It can be longer, if emotions run high and pockets run deep. Even though a very expensive, drawn-out divorce is almost never necessary, it can happen if one or both parties are unreasonable.
Do I have to go to court? Not always. Typically we have opportunities to come to partial or complete resolution in settlement of contested issues. We use mediation, collaborative law and other avenues to resolve a case without court. We have been able to fully resolve some uncontested divorce cases in as quickly as 30 days. Even if we cannot resolve all of the issues, we can settle most of the issues. The judge will be in a much better mood if you have attempted to resolve minor issues. In the 7-10 percent of the cases where there is no settlement of all issues, we can either go through a short or long trial. A short trial can be over within three hours, whereas a trial on more complex issues can go on several days or longer. You will receive a greater sense of satisfaction from settling your case than from going to court. Even if you "win" your case at trial, is it worth the attorney's fees you paid and the emotional trauma of going to court? Is it worth all the time off of work you had to take to attend the trial, and is it worth your personal business being talked about in a public forum? For most people, the answer is "no."
What if I am in the military?
We have represented military clients and their families for years. Family attorney Regina Edwards is an Army "brat" whose father graduated from West Point, and was stationed in several countries before retiring as a Lt. Colonel. She is especially capable of working with clients who have a military background. We have settled cases for clients living all over the world, without them having to set foot into a courtroom. Read more about military cases here.
How can I schedule a consultation?
First, review our consultation page. You may also choose to fill out a case evaluation form first. This acts as a pre-screening process. We may be contacted at info@eafamilylaw.com or we can be reached at 404.841.0155. If you know you would like a consultation, you may book online.
