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!

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)!

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."