Thursday, October 15, 2015

I'm getting a divorce. What's going to happen?

Divorces are filed in the Superior Court of either the county where your spouse lives or where you lived with your spouse in the last six (6) months.

If you and your spouse agree about all issues, including child support and property division,  a lawyer will prepare uncontested paperwork.

This should including:   Divorce Complaint; Agreement; Consent to Try in 31 Days, Acknowledgment of Service, Parenting Plan (if children), Child Support Addendum (if children).  There will also need to be prepared a Report of Divorce which is provided to the State of Georgia.

A Divorce Complaint is a lawsuit laying out the issues.  An Agreement is a contract with your spouse resolving the issues of your divorce.  An Acknowledgment of Service is a proof that the Defendant received the Complaint.  A Consent to Try in 31 Days form allows you to get divorce after 31 days after filing of the paperwork.  A parenting plan provides your agreement on parenting issues and a child support addendum shows how you determined child support.   All of these forms are very complicated and should be prepared by an attorney.

If you don't agree on all issues, typically each side hires an attorney, who requests all pertinent information from the other spouse.    A mediation is held, where a mediator helps the party resolve their differences.  If this does not work, then a Superior Court Judge will rule on these issues on a temporary and permanent basis.  Most Counties require parents to attend a parenting seminar.

A divorce can take as little time as 31 days or may go on for years.  In most cases a contested divorce should be resolved in less than a year.

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Please call if you need legal representation to Thomas F. Tierney at (770) 631-1100 or e-mail at   Thomas F. Tierney is an attorney who represents clients in south metro Atlanta, including Fayette County, Coweta County, Peachtree City, Tyrone, Fayetteville, and Newnan Georgia.

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