We want to help you formulate a plan for your divorce action that is as painless as possible. Sometimes, that is just not feasible.
Here are some things to keep in mind when you are trying to determine whether you should try to work on an uncontested divorce:
- Timing is key. If you need support and you are not sure whether your spouse will agree to pay you an appropriate amount of support, you may not have time to pursue an uncontested divorce action. Sometimes, the length of time you spend working on an uncontested divorce can cost you in support payments you might have been awarded if you had filed a contested divorce petition and pursued your case in court. You should assume, as a general rule, that a court will not award support retroactively, so every month you wait to file may be costing you support payments that you won’t recover later.
- If you are worried that your spouse is hiding assets or trying to dispose of them, you probably should not waste time trying to negotiate an uncontested divorce.
- Along those same lines, if your spouse is unwilling to share information about marital assets and income, you may need the benefit of the discovery process. By use of Georgia’s “discovery” process, we can require the production of documents and other information, so that we can learn the extent of assets, debts, and income of the parties.
- If you are afraid of your spouse or if your spouse has ever been violent, you may need a court order to protect you, your property, or your children. We can discuss the various processes that are available to protect you.
A few months ago, I was in court when a gentleman appeared without a lawyer and attempted to make his case regarding custody and child support. The judge who heard him was one of my favorite judges and the comment he made to the gentleman stuck with me. The judge said that sometimes going to court without a lawyer was really a “false economy.” The gentleman was trying to save money by not hiring a lawyer, but he was really losing money because he was not getting the result he needed.
Obviously, the best way to determine the route you should take in your divorce is to consult an attorney. I genuinely want to help you get a good result and I am committed to the concept of giving you value for the money you pay. I will also tell you when you need to abandon the idea of the painless divorce and dig in for the fight.