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Archive for the ‘Uncontested Divorces’ Category

GA Domestic Partnerships: An Alternative Solution for Alternative Couples

Tuesday, February 2nd, 2010

Several readers have sent me emails asking the same question: “Are Georgia domestic partnerships limited to same sex couples?”  The answer is “Of course not.”  Same-sex couples living in Georgia tend to user domestic partnerships more frequently because of the political and legal climate that surrounds same-sex marriage.  Simply put, same-sex couples are the ones who most frequently create domestic partnerships in Georgia because they lack the alternatives available to heterosexual couples.  However, many heterosexual couples seek the protections of a GA domestic partnership agreement.

For example, consider the rather common case of a boyfriend and girlfriend who live together, but aren’t married.  They may be philosophically opposed to marriage, or they may be giving marriage a practice run – “try before you buy” if you will.  In either case, the law views each person as roommates.  While you might be living with the most important person in your life, the law doesn’t see it that way.  In this case, a full or limited domestic partnership might be an appropriate choice for the couple.

Another common situation is an older, or middle-aged, couple, where at least one person has been married before.  While they may be happily in love with each other, the scars and bitter experiences of their earlier marriages and past divorces (even uncontested divorces) leave them unwilling to remarry.  Or one of their divorce settlements might leave one or the other in a situation where remarriage is not an option.  In this case, a GA domestic partnership agreement could be the right choice.

A less common scenario is polygamy.  While polygamy is often a taboo subject in America, it is common and legal in other parts of the world.  What is the loving family to do, where the husband has legally married more than one wife in his home country, and then the family decides to immigrate?  Under American law, polygamy is illegal, so he has to choose which of his wives he wants to keep, and which one he wants to “demote.”  A domestic partnership would be an excellent choice to make sure his entire, extended family is cared for and protected.

As you can see, GA domestic partnership agreements are an option for everyone.  Everyone’s situation is unique however, so while a domestic partnership is always an option, it may not be the best option.  That’s why, when thinking of making a, hopefully, life-long commitment, you should consult one of our domestic partnership attorneys who specializes in GA family law so that you can do what is right for you.

Advantages of an Uncontested Divorce in Georgia

Monday, February 1st, 2010

There are many advantages to an uncontested divorce in Georgia, the most attractive of which is that it can be much less expensive than a contested divorce. Because an uncontested divorce usually involves less time, the legal fees associated with the GA divorce can be significantly less than if the divorce is contested. Oftentimes, there is no need for your GA divorce attorney to conduct much discovery, appear in court for numerous hearings, or spend a lot of time corresponding with the other side.

Another potential advantage of an uncontested divorce in Georgia is the simplicity of the process. If all the required paperwork is filed properly, an uncontested divorce in Georgia can be finalized as soon as thirty-one days after the filing of the complaint. Because there may not be a lot of haggling back and forth, it is generally easier for the parties to move on with their lives. A divorce is always a painful experience, but when the divorce is uncontested, the parties may be able to eliminate, or at least minimize, hostility.

GETTING STARTED

For advice on how to proceed with an uncontested divorce in Georgia, contact Kitchens, New & Cleghorn Atlanta Divorce Attorneys today!  We look forward to hearing from you!

Uncontested GA Divorces Without Minor Children

Friday, August 14th, 2009

An uncontested divorce in Georgia is a divorce in which both parties have come to an agreement resolving all issues of the marriage or where there are no issues to be resolved. An uncontested divorce without minor children is often easier to obtain than an uncontested divorce with minor children because there are fewer issues to grapple over. Without issues such as child support, child custody or child visitation, a divorce becomes much simpler.  A GA divorce without minor children may include issues such as the division of marital property and alimony payments. If the parties can reach an agreement resolving these issues, they can obtain an uncontested divorce.

An uncontested divorce is a desirable option to many because it is cheaper, less time consuming and allows the parties to more easily move on with their lives. If done properly, one can get an uncontested divorce finalized as soon as thirty-one days after the filing of the complaint.  Unfortunately, our attorneys find that it is often the case that couples who desire an uncontested divorce often find that they did not as readily agree with their spouses on all the issues they thought they did, and their uncontested divorce turns contested.

Getting Started

If you are dealing with a divorce in Georgia, whether it be contested or uncontested, we invite you to speak with one of our GA divorce attorneys for an initial case evaluation.  We handle clients throughout Georgia, with offices in Atlanta and Athens.  Please note that for a typical divorce proceeding, our law firm retainers begin at $2,500.00. To set up a consultation, please give us a call at (404) 239-3932,or visit our Atlanta divorce attorney page for more information.  Thank you and we look forward to working with you.

How Long Does It Take To Get A Divorce in GA?

Wednesday, March 11th, 2009

A question frequently asked of Atlanta divorce attorneys is “how long does it take to get a divorce in Georgia?”  The answer is ithat t depends on what type of divorce you are getting. I it is an uncontested divorce, that is the parties have reached a settlement agreement resolving all issues on their own and without court involvement, then a divorce in Georgia can be finalized in as little as thirty-one days after service of the complaint.  Indeed, many judges offer fast, easy ways to finalize GA uncontested divorces.

If a Georgia divorce will be contested, getting it finalized can take much longer.  A contested Georgia divorce often requires locating documents, witnesses, and other information.  It may also require taking depositions, getting appraisals, and attending several court hearings.  Generally speaking, the more contested and complicated the divorce is, the longer it will take to get  finalized.  Additionally, if you cannot locate your spouse and you must serve him or her by publication, you must wait sixty one days after the first date of publication.

Getting Started

The above information is meant as a brief summary of certain aspects of Georgia divorce law process and procedure.  To discuss different types of divorce options, and the length of time associated with each, we recommend that you seek the guidance of one of our Atlanta divorce attorneys.  We are proud to say that our attorneys are among the most  knowledgeable and experienced in the state.  Click here to see our Credentials and Client Reviews.  Please note that for a typical family law proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Divorce Attorney Homepage to fill out our contact information form.  Thank you and we look forward to working with you.

Uncontested Divorce in Georgia

Wednesday, March 11th, 2009

An uncontested divorce in Georgia is the quickest, cheapest and often most painless way to obtain a divorce.  Under GA Family Law, a divorce is uncontested if the parties have agreed to all issues regarding the dissolution of their marriage and there is nothing left for a judge or jury to decide. That is, they have divided all their assets and debts, and if there are children involved, they have agreed on child support, custody and visitation.

Not surprisingly, an uncontested divorce in Georgia is most common when the parties have not been married long and there are no children. However, obtaining an uncontested is possible in almost every situation if both spouses are willing to agree.

Sometimes, parties are able to come to an agreement before even filing for divorce.   In these cases, it is possible to get your divorce finalized in as little as thirty-one days after you have served your spouse with the complaint for divorce.  Other times, a divorce will start out contested, but the parties will ultimately enter into an agreement settling all issues.  Georgia mediation is a useful tool when trying to settle issues in a divorce case.  Of course, the more contested a divorce is, the more you are likely to pay in attorney’s fees because of the time involved.  Indeed, contested divorces can drag on for years, which create  emotional and financial stress for all involved.

Often, the obstacle to an uncontested divorce in Georgia is the inability to get your spouse to cooperate.  If possible, it is important to keep the lines of communication open.  Once you and your spouse are able to set emotions aside and focus on what needs to be resolved, you will have a much better chance of being able to finalize an uncontested divorce.

Getting Started

The above information is meant as a brief summary of certain aspects of Georgia uncontested divorces. If you are considering filing for a Georgia divorce, whether contested or uncontested, we recommend that you speak with one of our Atlanta family law attorneys sooner rather than later.  We are proud to say that our attorneys are among the most knowledgeable and experienced in the state.  Click here to see our Credentials and Client Reviews.  Please note that for a typical divorce or annulment proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Divorce Attorney Homepage to fill out our contact information form.  Thank you and we look forward to working with you.