Stone Mountain Georgia Family Law Attorney
The decision to get a divorce is an emotional and stressful one. The Clarke Law Office, LLC provides knowledgeable legal advice and offers effective help in these often distressing personal situations. Our firm strives to reach a just and fair agreement between our client and their spouse. If an acceptable agreement cannot be reached, we 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.”
In Divorce and Divorce-related cases, people are under a great deal of stress. One of the goals of the Attorney-Client relationship is for clients to be able to leave the problem, regardless of what it is, with the attorney, so that the client will be relieved of the stress created by the problem. Our attorneys have the experience and compassion to assist you with this difficult time in your life.
Family Law has many subparts that an attorney can advise family members about, child custody, child support, and visitation being among the most common and the most stressful. Custody – deciding with whom a child will live in the event of a divorce – defines the child’s relationship with his or her parents. We will give advice, to guide the parents towards the best decision to make for their children that is available under the law. Child Support is another major area of Family Law, where it will be determined whether one or both parents should pay a certain amount of money each month in order to help with the child’s upbringing, regardless of child custody arrangements. We put forth every effort to make sure the outcome of custody and child support issues are in the best interests of the child or children involved.
We represent the client’s best interest by being a “problem solver.” I take the burden away from the client and address the problem directly while keeping the client informed. In addition, I am careful to review any other legal needs required by the client to provide “full service” for someone going through a divorce, including Wills, Trusts, Powers of Attorneys, Medical Powers of Attorneys, and Living Wills.
The Clarke Law Office, LLC, practices in the following areas:
- Pre and Post Marital Agreements
What Is An Uncontested Divorce?
In an “uncontested divorce,” both parties have reached an agreement on all issues including but not limited to the following: 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.
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.
What Is A Contested Divorce?
Contested divorces are filed when couples are unable or unwilling to come to an agreement in regards 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. A temporary hearing may take place while awaiting the final outcome of the case, to decide on temporary child custody, support and visitation, temporary payment of debts, and temporary use and possession of the marital home. 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.
Our attorneys are ready to assist you with this difficult time in your life. The information provided above is a synopsis of the divorce process. Each client’s situation is different and has unique issues for the attorney to advise you on. Contact our office to speak with a knowledgeable, compassionate attorney about your matter.
COMPASSIONATE, AGGRESSIVE, RESULTS-ORIENTED FAMILY LAW ATTORNEYS
Clarke Law Office, LLC understands the emotional difficulties of what you’re going through. We do our best to make things easier for you while making the family law process as painless as possible.
We offer personalized representation for prenuptial agreements and divorce.
Prenuptial Agreements: We work with you to draft an agreement that protects your assets and business interests acquired both before and during the marriage.
Divorce: We work with you to help you reach your goals in every area of your divorce, including the division of marital assets, alimony, child custody, child support, and visitation.
We pay personal attention to each case while educating our clients throughout the process. You will have direct access to your attorney from the first consultation until the resolution of your case. We listen to your concerns and understand your needs.
We bill two ways and they are hourly billing with a retainer or flat fee billing for uncontested divorces.
Hourly Billing and Retainers or Advance Deposits
Our hourly billing cases require an initial advance on fees or a deposit, and that can range from $2,500 – $10,000 or more depending upon the complexity of your case (usually cases range from $3,000 – $5,000 retainers). You will receive a monthly bill statement reflecting what amounts have been used for services and costs in your case.
Flat Fee Billing for Uncontested Divorces:
The flat fee includes an initial consultation with an attorney, preparation of all necessary documents, and if needed one court appearance for finalizing the divorce. If your case becomes contested or needs further negotiation or litigation, we will convert your case to an hourly case and this will be spelled out in the attorney-client agreement.
Usually, for an uncontested divorce with no problems without children or property the flat fee charge is $1700, and for a simple uncontested divorce with children and child support the flat fee is $2500.
Give us a call at 770-450-8003 or via live chat using the box in the lower right-hand corner. Let our scheduling representative know you are interested in an appointment.
Our initial consultations are: $150 and the $150 is credited toward the attorney’s fees when hired.
STONE MOUNTAIN GEORGIA FAMILY LAW ATTORNEY
The Clarke Law Office, LLC assists individuals with family law matters.