COMMON DIVORCE ISSUES TO CONSIDER

[Courthouse photo from wikipedia]

Let's assume you have decided to get a divorce in Augusta, Georgia, here are just some of the common issues for you to consider:

• Make a list of property items which you would want to take with you;
• Make a list of all your and your spouse's debts;
• Make a budget of estimated household expenses; and
• Find a good divorce lawyer.

As for the last item on the list, we at the Goolsby Law Firm, LLC, would suggest that you talk with family and friends for recommendations about good divorce attorneys in your area. We also always recommend that you should make an appointment and actually sit down to discuss your case with a prospective divorce lawyer before you retain them to handle your divorce case.

We at the Goolsby Law Firm, LLC also offer free initial consultations and will try to answer your questions about your Georgia divorce.

A Divorce Lawyer's Take on "Do It Yourself Divorce" Kits

[Photo from apartmenttherapy.com]

Everybody is into DIY (do-it-yourself) projects these days!  I love to refinish antique furniture!  But please let me explain why I believe DIY kits may not be the best way to go when you get a divorce in Georgia.

Okay, I realize that before I offer this critique of  DIY divorces and divorce kits, some of you may think it is just sour grapes offered by a greedy divorce attorney!  In other words, you may think I am just another divorce lawyer who doesn't appreciate the competition!  But please believe me that that is not the case!  I simply do not recommend that anyone should attempt to handle such an important, complicated legal matter without help from a professional.

For instance, in many divorce cases, both contested and uncontested divorces, there are generally a number of relatively complicated issues, such as child custody and child support.  For example, no kit is likely going to tell you all the proper factors in calculating child support under the Georgia child support guidelines.  Also, there are a number of requirements for a Georgia divorce which, in our experience, the so-called DIY divorce kits typically do not meet or satisfy.  For example, no kit is going to tell you that, in a Columbia County divorce, you will need to submit a properly filled out summons, even in an uncontested divorce.

Finally, there is one additional reason why I believe DIY kits are not the best way to get a divorce in Georgia.  This reason is that there are a number of divorce lawyers, including us, at the Goolsby Law Firm, LLC, who will handle simple, uncontested divorces for an affordable retainer that does not cost a lot more than many of the DIY kits!

So, have I convinced you that a do-it-yourself divorce is not the best way to go?  Save your creativity for your home repair projects! 

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 Practical Tips: Will I Have To Go To Court?

Over the years, I have worn many different "hats" as a Georgia lawyer.  I have worked as a judge's law clerk, as a state prosecutor, as a federal prosecutor, (and U.S. Attorney's office manager), and now, as a law partner in an Augusta, Georgia law firm.  In my current position, I also wear different hats, including being a divorce lawyer and a criminal defense attorney. 
Today, I want to put on my "divorce lawyer hat" and give you some more practical tips about Georgia divorces and divorce attorneys!
One common question which we are frequently asked, as Augusta, Georgia divorce attorneys, is: "Will I have to go to court?"  The simple answer is that, if it is a simple, uncontested divorce, generally, you probably will NOT be required to go to court.
As part of the documents which we will prepare for you, in your simple, uncontested divorce, we will essentially get your spouse to agree that we, as your divorce lawyers, may take your deposition by paper, which means that you probably won't have to go to court. 
Of course, you should discuss these and all your other questions with your own divorce attorney!  And now, I must put on my "other hat" and tend to some Augusta criminal defense lawyer business!  Have a great weekend!

Contested Divorce Versus Uncontested Divorce

Let's assume that you and your worthless spouse, "Sluggo," have decided to get a divorce. Or, to be more accurate, you have decided it for him! You are fed up with Sluggo sitting around the house every day, (instead of getting a job), while he drinks beer and watches everything on t.v., from "The Price is Right" to "One Life to Live." But the question remains: Will you be able to get an uncontested divorce or a contested divorce? You realize that an uncontested divorce would be a lot cheaper. But how can you know which type of divorce applies to your situation? Here are some tips:

First of all, you must know what an uncontested divorce means. An uncontested divorce means that you and Sluggo have worked out all the terms of your divorce, including such issues as property and debt division, along with who gets primary physical custody of little Sluggo, Jr.

But the next part of your answer may not be so simple. In other words, will Sluggo be reasonable and agree to all your terms of divorce? If he will, and if the divorce terms are in a manner which the divorce judge will approve, then you may be able to get a relatively quick, cheap uncontested divorce.

But if Sluggo is unreasonable, or spiteful, then you will need to discuss with your divorce attorney what it will require to drag him from the couch and take him to court, (in a contested divorce).

In short, you have only "one life to live," and whether "the price is right" for you to get an uncontested divorce will probably depend upon whether or not your worthless spouse, Sluggo, will be reasonable and cooperate with you and your divorce lawyer!

Uncontested Divorces: More of "What They Aren't!"

At the Goolsby Law Firm, LLC, our (father and son) divorce law firm, which is located in Augusta, Georgia, we get telephone calls nearly every day from people wanting to get an affordable, uncontested divorce. So, it bears repeating: Please understand that the following fact scenarios do not make your divorce "uncontested:"

1. Your worthless spouse, "Sluggo," doesn't oppose the idea of getting a divorce, (but he still won't sign the uncontested divorce documents)!

2. It is merely uncontested that, if you have to go to divorce court, you will win!

3. It is uncontested, by everyone you know, that Sluggo is worthless!

Sorry, while you may still get a divorce, in each of these situations, it will probably have to be a contested divorce! And that simple fact, my friends, should be...uncontested!

Uncontested Divorces: What They Are and What They Aren't

As you know, if you and your worthless spouse, "Sluggo," can get an uncontested Georgia divorce, as opposed to a contested divorce, then it should save you a lot of money, because you probably won't have to go to court. However, "going uncontested" doesn't work for everyone. In other words, sometimes Sluggo won't listen to reason and won't sign a settlement agreement and the other uncontested divorce documents. And generally, that is what is required for an uncontested divorce, i.e. both parties must agree to all the terms and sign all the documents prepared by your divorce lawyer. If Sluggo won't promptly sign all the documents, or if he wants to negotiate child custody, property division, or other matters, then, by definition, it is NOT an uncontested divorce.

Here are some examples of other situations which are NOT uncontested divorces:

1. It is simply uncontested that you both want a divorce! Unfortunately, that is not enough for it to be an uncontested divorce! Again, both parties must ALSO be willing to sign all the documents, too!

2. It should be uncontested that you are right! Simply knowing, in your heart, that you are correct about who should win your child custody battle does not make it an uncontested divorce.

3. It should be uncontested that you will win. Sorry, but while you may ultimately win in court, if you must go to court, then, by definition, it is a contested divorce!

4. It is uncontested that your spouse, Sluggo, is worthless! Again, I am sorry! While that may be true, it doesn't make it an uncontested divorce! Now, if you can get Sluggo to sign all the documents, then it IS an uncontested divorce! And if Sluggo will sign, then maybe it's also uncontested that he isn't totally worthless after all!

Divorce: Do I Have To Go To Court?

As Augusta, Georgia divorce lawyers, we are often asked by prospective divorce clients, "Do I have to go to court?" The answer is: It depends! (Don't you like crisp, clear "lawyerly" answers like this?!) More specifically, it will likely depend upon whether you are getting an uncontested or contested divorce.
1. UNCONTESTED DIVORCE: If you and your spouse are getting an uncontested divorce, then you probably won't be required to physically go to court. In other words, as part of the uncontested divorce documents, your divorce attorney will prepare a document whereby the other party will essentially sign and agree that your Georgia divorce case can be disposed of without your having to go to a court hearing. Of course, it is always possible that the court may have some questions about your case and require a hearing, even with an uncontested divorce. And naturally, you will need to discuss each of these issues with your own divorce attorney.
2. CONTESTED DIVORCE: However, if it is a contested divorce, then both parties WILL be required to go to court, several times, including, at a minimum, the temporary hearing, (or thirty day conference), and a final hearing. Again, you need to discuss with your own divorce lawyer what will occur at each of these hearings and how you will need to be prepared for court.
The bottom line is: If you are getting an uncontested divorce, you may not have to go to court, (in Georgia), but, if it is contested, you almost definitely will be required to go to court, unless you quickly settle your case.
So, see ya in court, (or not)!

Divorce "Tip of the Day:" Kill 'Em With Kindness!

What should you do if you want to have an uncontested divorce, but your angry, incorrigible spouse, "Sluggo," keeps "pushing your buttons" with insult after insult?

The simple answer is.....Kill him with kindness, that is, at least until the ink of his signature on your divorce settlement agreement is dry!

Generally, the only way you can get an uncontested divorce in Georgia is if both parties will cooperate and sign all the divorce documents. So, if you give in to a "hissy fit" and trade insults with Sluggo, then it may become impossible to get him to sign anything! Yet, in many cases, getting an uncontested divorce is to your advantage: An uncontested divorce will save you (both) a lot of time, hassle, and money.

So, at least for now, please don't argue; instead, just smile, bite your tongue, breathe deeply, and hand Sluggo an ink pen!

Do You Need A Divorce Lawyer? (Did Tom Hanks Need A Dentist in "Cast Away?!")

So, you have already decided to get a Georgia divorce. Now, you are trying to decide whether or not you need a divorce attorney or whether you can "do it yourself." Do you really need a divorce lawyer in Georgia? Do you need a divorce attorney even in an uncontested divorce? The question is made more difficult by the availability of cheap, "do it yourself" kits and other information online. But if you ask me, or any divorce attorney at The Goolsby Law Firm, LLC, you will always be told, "yes," you should get a divorce lawyer to handle your divorce.

And it's not simply because that's how we at The Goolsby Law Firm, LLC earn our living! It's because your rights are important and you have too much at stake to risk your fate on one of those cheap, "do it yourself" divorce kits. Particularly if you have kids, or significant money, property or debt issues, (or other important issues), you should definitely retain a divorce attorney to make sure your important interests are protected. Also, as we just saw with a new divorce client today who had unsuccessfully tried to handle her own divorce alone, many of those divorce kits simply do not have all the information or forms to completely address all your needs in a Georgia divorce.

In addition, retaining a divorce attorney, especially in an uncontested divorce, is not necessarily that much more expensive than one of those "do it yourself" kits. Moreover, you should also consider the fact that some divorce law firms, including The Goolsby Law Firm, LLC, will discuss with you the possibility of a payment plan to make your divorce easier and more affordable.

So, the bottom line is: it's up to you! You can risk your fate and try to do it yourself, or you can call an experienced Georgia divorce attorney to help you through a difficult time. Sometimes there is no substitute for experienced, professional help. You wouldn't want to pull your own tooth, would you? And if you had asked Tom Hanks' character in the movie "Cast Away" if he needed a dentist or an ice skate, I suspect he would have quickly replied, "Get me a dentist!"

Uncontested Divorces v. Contested Divorces (Can You Afford to "Dump the Chump?")

Is it "cheaper to keep 'er?" Or can you afford to "dump the chump?" The cost of your divorce in Georgia will vary from one divorce law firm to another. Simply put, some divorce attorneys charge more than other divorce lawyers. And some divorce lawyers do, but others do not, allow payment plans. [Please feel free to call The Goolsby Law Firm, LLC for a FREE INITIAL CONSULTATION at (706) 863-5281]. But another key factor in determining the cost of a Georgia divorce is whether the divorce will be "contested" or "uncontested."

If the divorce is "uncontested," then it means that the parties have, on their own, worked out or agreed to all the terms of the divorce, including child custody, division of marital property, and division of marital debt. And from my perspective, as an Augusta, Georgia divorce lawyer, I will want to know, when you call me, if the other party will promptly sign "all the documents," including a settlement agreement, an acknowledgement of service and waiver as to venue, and all the other documents, (which we will discuss in a later blog), if there are kids. In other words, only if both parties have agreed on everything and will readily sign ALL the uncontested divorce documents (that we will prepare for you) can the divorce truly be a fairly inexpensive, "uncontested" divorce. Presently, an uncontested divorce in Augusta, Martinez, or Evans, Georgia will generally cost anywhere from just $500.00 and up, plus court costs. (Be aware: Some law firms charge more than double this amount!) Again, you will need to check around for the most affordable, uncontested divorce.

But on the other hand, what if your "nasty" spouse won't cooperate about child custody or he contests any of the other issues? Then, you will have to have your divorce attorney meet with you and carefully prepare "contested" divorce documents. And that also entails getting a deputy to serve your spouse, and taking him, (i.e. your spouse, not the deputy!), to court! And since a contested divorce will require significantly more of the divorce attorney's time, then naturally, the contested divorce will cost a good bit more, perhaps at least several thousand dollars, to begin with, or more.

So, you, (and no one else), must decide whether it's "cheaper to keep 'er," or whether or not you should "dump the chump!" But if you to decide to divorce, it is important for you to consider the fact that the cost of your divorce will depend, in part, on whether it is "contested" or "uncontested."