Uncontested and Contested Divorces in Georgia: Divorce Lawyers And Pro Bono Divorce Cases

As you know, we are father and son divorce attorneys located in Augusta, Georgia, (and the Martinez, Evans, and Grovetown, Georgia areas).  Every day, we handle a number of both uncontested and contested divorces, which involve a number of different issues, ranging from questions about child custody and child support, to child visitation and property and debt division matters.

As divorce lawyers, we also are keenly aware that many of our Georgia divorce clients are going through a difficult time, financially, due to the economy and their divorce.  As a result, we sometimes get telephone calls from prospective divorce clients asking if we would be willing to take their divorce case "pro bono," i.e. for free.

The goal of this post is to attempt to explain why it is difficult for a Georgia divorce lawyer to agree to take a divorce case pro bono, or for free.  One reason is that it really isn't just for free.  In other words, the divorce lawyer would actually lose money, if he or she took the case pro bono.  Let me explain.  Even if the divorce lawyer charges no legal fees, the divorce lawyer would still actually go in the hole, if he or she must dig into their own pockets to pay for the divorce costs, including divorce filing fees, service fees, court reporter fees, guardian ad litem fees, and on and on!

Another reason why divorce attorneys generally don't take divorce cases on a pro bono basis involves the amount of time which some divorce cases take.  In other words, if a pro bono divorce case takes up a large percentage of a divorce attorney's time, over several months, then it makes it more difficult for that attorney to pay the law firm's overhead.  Put another way, time spent by a divorce attorney on a "free" divorce case could have been spent generating funds to pay the office overhead from "paying" cases.  This may sound cold, or callous, but, simply put, like in any other business, if a family law law firm cannot pay its overhead, then it cannot keep its doors open to help anyone!

As a result, in my opinion, generally, it simply is not practical to ask or expect a Georgia divorce lawyer to take your divorce case pro bono.  Instead, we recommend that you seek help from family and friends with the costs of your divorce.  We also suggest that you try to work out some sort of reasonable retainer and payment plan with your divorce lawyer.

We, at the Goolsby Law Firm, LLC, attempt to work with prospective clients concerning reasonable fees and payment plans, whenever possible.  We also offer very affordable rates -- one-half to one-third what some divorce attorneys charge -- especially for uncontested divorces, (even with children).  In addition, we offer free consultations and answer questions from callers about divorce and child custody cases every day!  (Many other divorce lawyers charge a fee for a consultation).  Finally, nearly every day, we also offer practical, tips, "pro bono," in this divorce blog, for you to discuss with your own divorce lawyer -- for free!

Divorce and "Free Initial Consultations"

Do you really believe that "the best things in life are free?" Well, sometimes, probably like you, I'm not sure about the truth of that old saying either! But at least, at the Goolsby Law Firm, we still offer a free initial consultation for folks in the Augusta, Georgia area who are seeking information about a Georgia divorce. For instance, every day, we "freely" answer questions from numerous callers seeking information and answers to their questions about divorce in Georgia.

But please beware! Not all divorce lawyers offer a free initial consultation. As a result, it is important that, when you first call a law firm with questions about a divorce, child custody, or other family law matters, you should ask the receptionist about that law firm's charging policy. In other words, you should simply ask, "Do you offer a free initial consultation?" We have heard that some divorce attorneys in our area charge as much as $250.00 for an initial consultation! And that's even if the divorce attorney then tells the prospective client that they won't take their divorce case!

So, even if you believe that "the best things in life" aren't always free, you can be confident that you can still get a few simple questions answered, and a kind word or two, by calling the Goolsby Law Firm, LLC....for free!

Divorce "Tip of the Day:" Putting Aside Money

Let's try to end the year with another post involving practical tips for women seeking a divorce. (Of course, our family law firm also represents men in divorce cases, too!) Again, as we have emphasized many times before, we practice law only in the State of Georgia. You should always consult with your own divorce lawyer in your own state before making any decisions affecting your legal rights!

Let's talk about money. Here, at The Goolsby Law Firm, LLC, (a father and son family law firm located in Martinez, Georgia, just outside Augusta, Georgia), we sometimes get telephone calls from women who need to retain a divorce attorney, but they simply do not have the means to hire one. In some cases, they are stay-at-home moms who have limited access to money. What can they do? While there are no easy answers, and although we are not offering legal advice, here are some practical tips for women in this situation to consider:

1. Regularly put away small amounts of money in a "rainy day fund:" While this is not meant to encourage spouses to hide things from each other, in some situations, it might be appropriate for someone to set aside small amounts of money, e.g. their Christmas gift money, or change at the grocery store, for a "rainy day" need.

2. Talk with trusted family members or friends: This is no time to be bashful. This is one time in your life when you need to talk with family members or close friends who might be able and willing to help you out financially, both with legal expenses and with getting back on your feet financially.

3. Use your credit card: Most divorce lawyers accept credit cards (and maybe you can even let your worthless spouse, "Sluggo," pay the credit card bills later)!

4. Check with local social services agencies: While this won't directly help you with legal expenses, if you know that you and your kids' basic needs will be met, it might free up other funds to apply toward legal costs.

5. Check with womens' shelters: Not only do these fine charities offer protection from abusive spouses, like your own worthless spouse, "Sluggo," but also they sometimes may be able to refer you to law firms which will work with and help such women with the legal costs. Our law firm regularly gets such referrals and helps women in this manner. Some shelters will also even provide some financial assistance with legal costs for divorces or protective orders.

6. Consult with your own divorce lawyer: Sometimes, divorce lawyers can suggest other possible solutions to your problems, including possibly seeking attorney's fees from the other spouse, "Sluggo." Also, some family law firms occasionally accept pro bono cases, at no charge. Of course, each case is different, but it is worth calling and discussing your situation with divorce lawyers who offer, as we do, a free initial consultation.

Do you have any other ideas? I know that there are many people "out there" who are in bad, abusive situations. They are desperate and need help. Here's hoping that, in the new year, more people can find the help and encouragement that they need!

Divorce and Attorney's Fees

You might be wondering: Can I make my worthless spouse, "Sluggo," pay for my divorce attorney's fees, as well as his own divorce lawyer's fees, too?

In Georgia, the simple answer is....maybe! (How about that for a lawyer's answer?!) Generally, Georgia law provides, (in O.C.G.A. 19-6-2), that a grant of attorney's fees as a part of the expenses of litigation may be awarded, "within the sound discretion of the court." The court will consider the financial circumstances of both parties in making this determination, along with deciding the amount of attorney's fees to be awarded.

The bottom line is that getting attorney's fees might be possible in some cases, (especially, for example, if the other party has a much greater income, or if you can prove some fault grounds, such as adultery). But don't count on it. Again, this is another important question to raise and discuss with your own divorce attorney. You will also need to keep in mind that, even if the judge grants attorney fees, it may not be nearly enough to cover your entire bill, (especially if you have retained Perry Mason)! Also, you need to keep in mind that, if ole' Sluggo is really worthless and broke, since you can't squeeze blood out of a turnip, then you may still be on the hook for it anyway.