Georgia Family Law Attorney
As you navigate the emotional and often stressful decision of filing for divorce, it is important to have knowledgeable legal advice and effective representation to guide you through this difficult time. At Clarke Law Office, LLC, our experienced attorneys strive to reach a just and fair agreement between you and your spouse. In the event that an acceptable agreement cannot be reached, we will vigorously pursue and protect your rights in court.
Under Georgia law, there are thirteen (13) grounds upon which a complaint for divorce may be brought by one spouse against the other. The most common ground for divorce involves a situation where there exists “irreconcilable differences” between the parties, and as a result, the marriage is considered to be “irretrievably broken.”
We understand that family law issues, including child custody, child support, and visitation can be incredibly stressful. Our attorneys aim to make the attorney-client relationship a problem-solving one, allowing our clients to leave the stress of their legal issues with us. We provide guidance and compassionate support to help our clients navigate these complex issues.
At Clarke Law Office, LLC, we understand that each case is unique and has its own set of challenges. Our attorneys are prepared to represent you in the following areas:
- Divorce
- Pre and Post Marital Agreements
- Uncontested Divorce
- Contested Divorce
In an “uncontested divorce,” both parties have reached an agreement on all issues, including the division of debts, division of all assets, personal property, real property, alimony, child custody, visitation, child support, health insurance, life insurance, attorney’s fees, retirement funds and stocks, to name a few. We offer flat fee billing for uncontested divorces, which includes an initial consultation with an attorney, preparation of all necessary documents, and if needed, one court appearance for finalizing the divorce.
On the other hand, contested divorces are filed when couples are unable or unwilling to come to an agreement in regard to child custody, visitation, division of assets, insurance policies, and retirement funds, to name a few. Once the Complaint for Divorce is filed, discovery will take place to gather the necessary information to prepare for mediation and possibly trial. Our attorneys can inform you of your legal rights, mediate issues between you and your spouse, represent you at mediation and/or trial, and create a fair settlement agreement.
We believe in personalized representation for all our clients. Our attorneys will listen to your concerns and understand your needs. You will have direct access to your attorney from the first consultation until the resolution of your case. We offer hourly billing with a retainer or flat fee billing for uncontested divorces.
At Clarke Law Office, LLC, we understand the emotional difficulties that come with filing for divorce. We strive to make the family law process as painless as possible while advocating for our client’s best interests. Contact our office to speak with a knowledgeable, compassionate attorney about your matter.
An uncontested divorce refers to a situation in which both spouses mutually agree to end their marriage and are able to resolve all related issues, such as child custody, child support, division of assets, and spousal support, without court intervention. The specific steps for an uncontested divorce generally are:
- Petition/Complaint: One spouse, known as the petitioner or plaintiff, will need to file a divorce petition with the superior court in your county. The petition outlines the grounds for divorce (such as irreconcilable differences).
- Settlement Agreement: Both parties must reach an agreement on all aspects of the divorce, including property division, debt allocation, child custody, child support, and spousal support (if applicable).
- Acknowledgment and Consent: this is a document where the defendant acknowledges receiving the divorce papers, agrees to the terms outlined in the papers and the Settlement Agreement, and consents to the court’s jurisdiction to proceed with the divorce.
- Consent to Trial: After the 30-day waiting period, if both parties agree to proceed with the divorce, they can sign a document known as the “consent to trial.” This document indicates their mutual consent to proceed without further delay. This document is typically filed with the court.
- Parenting Plan (if applicable): In cases involving children, both parties need to create a parenting plan that outlines child custody, visitation schedules, and other related matters. This plan should reflect the agreed-upon terms and should be approved by the court.
- Finalization: Once all the necessary documents have been filed, the court will review the case. If the court is satisfied that the agreement is fair and reasonable and in the best interests of any children involved, the judge will set the matter for a final hearing. Once a final hearing occurs and the matter is prove up before the divorce, a final divorce decree will be issued, officially terminating the marriage.
The Clarke Law Office, LLC assists individuals with family law matters.