FAQ

Why do I need a lawyer? +

It is important to consult a lawyer for your divorce especially when there are minor children from the marriage and you hold any joint accounts or property with your spouse. Custody issues regarding minor children can often be complicated and emotional. A lawyer can help determine the best legal and physical custody arrangements for you. Additionally, a lawyer can help you determine how any joint accounts or property can be divided.

Can I or should I move out of the house before the divorce? +

Unless there are issues of family violence, it is better not to move out of the marital residence. Once you have consulted an attorney and filed for divorce then you may decide to move to a separate residence.

How much is this divorce going to cost? +

The cost of a divorce depends on the issues of the case. Typically issues such as the amount of property/assets involved, custody of minor children and the agreeability of the parties will determine the costs. Generally, the initial retainer will be between $2,500.00 and $5,000.00. However, when parties are less agreeable, have a large number of assets, and have minor children then the price can increase.

How long will it take for this divorce to be finalized? +

The length of time it takes for a divorce to be finalized will depend on the issues of the case. The more agreeable the parties are will often determine the length of the divorce. However, in Georgia you must be separated from your spouse for 30 days in most cases before a divorce can be granted.

How much child support am I going to pay or receive? +

Georgia follows the child support guidelines provide in O.C.G.A. Section 19-6-15. Child support is determined by your income and the income of your spouse. Please see the following Georgia Courts website for more information: http://www.georgiacourts.org/csc/

Can I receive alimony, or will I have to pay alimony? +

Whether a party will receive or pay alimony is based on several factors. Courts typically look at the income of the parties, the lifestyle of the parties, and the length of the marriage. The longer the marriage and the larger the difference in income between the parties, the more likely one party is to pay/receive alimony.

When can I start dating again? +

It is best not to begin dating until your divorce is finalized.

Should I hire a private investigator? +

If you suspect that your spouse is having an extramarital affair then you may want to consider hiring a private investigator. If you can prove your spouse has committed adultery then you may be able to prevent the adulterous spouse from collecting alimony in most cases. However, if the adulterous spouse will not be entitled to alimony then the expense of a private investigator may be unnecessary. You should discuss your case with an attorney to determine if you should hire a private investigator.

How much is this going to cost? +

Generally, the cost will be determined based upon the charges against you. Factors that may increase the costs of your case include the number of charges against you, the severity of the charges, and the amount of evidence against you. The costs of your case may also increase if you intend to take your case to trial rather than negotiating a plea.

How do we find out what evidence the police have against me? +

You are entitled to know what evidence the state has against you. An attorney can demand discovery from the state which will allow you to see all evidence that may be presented against you at trial. It is important to obtain discovery in your case to know all the facts and make an informed decision about how to proceed with your case. The state also has an ethical obligation to provide evidence that may be exculpatory, or prove a defendant’s innocence. It is important to have an attorney requests all evidence in your case.

Should I hire a private investigator? +

Police and investigators can often miss or omit important pieces of evidence in a criminal matter. Once you speak to an attorney, if you believe evidence is missing or the police did not contact witnesses then it may be important to hire an investigator.

How long is this going to take? +

The length of time your criminal case will be pending depends on several factors, including the severity of your charges and whether you are able to bond out of jail. Misdemeanor charges typically take significantly less time to get to trial than felony case. Most misdemeanor reach arraignment between 90 and 180 days from the date of arrest. Felony charges can take significantly longer depending on the nature of the charge.

Can we negotiate a lesser charge or sentence? +

Typically, prosecutors are willing to negotiate a lesser charge or sentence. The particular facts of your charges, your criminal history, and the victim’s wishes can all affect a prosecutor’s willingness to negotiate.

Can I keep this arrest off of my record? +

In some cases you may be able to keep your arrest off of your record.
Some drug and alcohol charges have special provisions that allow for a conditional discharge. This allows a Defendant to enter a plea of guilty but upon successful completion of a probationary period the charge/conviction will be discharged. In other cases you may be eligible for a pretrial diversion or pretrial intervention program. These programs require a Defendant to complete certain conditions prior to entering a plea of guilty. If completed successfully, the charges are dismissed against the Defendant and the records are restricted so that it cannot be seen on most background checks. Finally, you may be eligible for first offender treatment. First offender allows a party to enter a plea and upon successful completion of the sentence the plea is discharged. First offender may be used in most misdemeanor and felony cases but it may only be used one time.