FAQ
One of the first questions most people ask themselves when they are facing a divorce is, “Do I need an attorney?” Yes, you could file for a divorce on your own, others have done it successfully; however if there are properties, financial accounts, children, and other material issues, the hiring of a lawyer would probably be in your best interest. There are several documents involved, such as the Settlement Agreement and Parenting Plan. These are legal documents that parties use if things do not go according to plan. The court and its staff are not allowed to give any legal advice, so if you create this document without understanding the legal consequences, it could cause problems down the line.
Some divorcing couples may be able to agree on all of the important issues such as division of property and debts, as well as child custody, visitation and support. If so, and the agreement complies with the law, the divorce may be uncontested, saving thousands of dollars in legal fees. Even if you can decide on most of the issues, but maybe cannot agree on all issues, you could still save on legal fees by limiting the issues in dispute.
Emmett J. Arnold, P.C.
30 Woodruff Street
McDonough, GA 30253
Phone: 770-320-8280
Fax: 770-320-8930
Office Hours: Monday - Friday, 9:00 am - 5:00 pm
What is an Uncontested Divorce?
Once parties had decided their issues, or maybe only decided some of the issues, you can make an appointment with Emmett J. Arnold, P.C. to prepare the necessary documents for filing with the Court. Making notes or preparing a list of the division of personal items is often helpful in preparing the Settlement Agreement.
How do I obtain a Settlement Agreement?
No, it’s just not feasible for one attorney to represent both parities. It is unethical for an attorney to represent both parties in an uncontested divorce.
Can an attorney represent both parties?
If there are no minor children involved, then the major issues for a divorcing couple are usually division of property and debts. Property can consist of a home and contents, automobiles, financial accounts, and retirement plans. Debts include credit cards, mortgages, and automobile loans. If there are minor children involved, then there are the additional issues of custody, support, and visitation.
What issues should we consider?
Child support in Georgia is based on an income-shares approach. This means that both parties incomes, from all sources, is considered in deriving a presumptive child support figure. After the amount of presumptive support is derived, certain circumstances may be utilized to make deviations to the presumptive figure and arrive at a final support amount.
How is child support calculated?
Most divorcing parents seek and are awarded “joint legal custody” where one parent is named the “primary custodian” of the children. This is the parent with whom the children will live on a daily basis. The other parent will have rights of visitation spelled out in a court order. Both parents will a be required to work with one another in making important decisions regarding the children’s non-emergency healthcare, education choices, and religious training, if any. In some cases, especially where older children are involved, the court may consider joint physical custody, where the children spend approximately equal amounts of time with both parents and the child support is adjusted accordingly.
What are the different types of custody?
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