Representing Yourself in a Divorce

By M. Waddington

Divorce is not only an emotional time, but a financially challenging one as well. Each spouse has to adjust to not having another income to help pay the mortgage, grocery bills and utilities. Even in cases where a wife or husband is awarded alimony or child support in a Georgia divorce, the amount still may not be enough to keep them in the lifestyle they were used to living.

One of the most, if not the most, expensive aspects of divorce are the attorneys fees. For that reason some spouses consider going pro se and represent themselves in court. Many people have filed Georgia pro se divorces. However, any spouse should consider if he or she is prepared to handle the following issues on their own:

• Child custody, child support and visitation. Unfortunately in many cases children get caught up in the divorce battles. Even in the best cases, the spouses fight over custody because both are truly good parents and each wants custody of the children. If you believe you are the better parent, do you know how to prove that to the court? Can you defend yourself is saddled with a large child support payment? Who will be responsible for the child’s health insurance?

• Division of the assets. If you were married for many years you have likely accumulated many assets. Are you and your former spouse in agreement as to how to split up those assets? If there is a house, who gets the house or will it be sold? What about the car? Who is responsible for any outstanding payments on the house or car? Don’t forget about retirement assets and any other type of savings.

• Are there allegations of abuse or infidelity? Can you defend yourself against these allegations?

In reality, even in the friendliest of divorces a Georgia divorce attorney can help sort through the complex legal issues. Until a person is faced with a divorce, he or she may not even know where to go to file the initial paperwork; much less prepare a case if there is a hearing. Simply put, you wouldn’t try performing your own root canal—you would go to a dentist. If you are going through a divorce, you need an attorney who understands the law. Chances are your soon-to-be former spouse has an attorney representing their interests. You could save some money by representing yourself but the long-term financial repercussions could cost you much more.

Michael Waddington is a trial attorney that has been quoted by hundreds of major media sources to include USA Today, Washington Post, New York Times, Newsweek, Fox News, Fox and Friends, CNN, MSNBC, CBS News, ABC News and many others. He is the founder of the legal marketing firm, Legal Niche Pros, LLC. Learn more at http://www.legalnichepros.com/.

Article Source: Representing Yourself in a Divorce

The Basics of Georgia Divorce

By M. Waddington

Getting a divorce requires more than going to the court house and filing some paperwork in most cases. If you have never been divorced, here are some basic facts about Georgia divorce.

• In Georgia, you file for divorce in the superior court of the county that the couple considered their home. One of the spouses must have called Georgia home for at least six months. The plaintiff files a complaint. This complaint lists all of the information about the marriage including assets and children born of the marriage.

• Like most states, Georgia allows no-fault divorce. This cause is common called “irreconcilable differences” or the marriage is listed as “irretrievably broken.”

• Georgia recognizes 12 grounds for at fault divorce where one of the parties is accused of wrongdoing. They include adultery, impotency at the time of marriage, pregnancy of the wife at the time of the marriage and the husband did not know, desertion, mental or physical abuse, marriage between relatives, force or fraud in obtaining the marriage, if one spouse has been convicted of a crime, drunkenness or a drug addiction, mental illness, and mental incapacity at the time of the marriage.

• Many spouses still live in the same home when they file for divorce. The court will recognize the couple as separated if the don’t share a room or have a sexual relationship.

• Some people don’t know they are getting divorce until a sheriff’s deputy shows up at their door. The defendant is usually served with the complaint by a deputy.

• An annulment is different from a divorce. Annulments void the marriage completely based on a premise that one of the spouses was unable, unwilling or was fraudulent at the time of the marriage. An annulment cannot be granted if the couple has children.

• Many divorces do no require a hearing. If the spouses can reach agreements, they can file and the agreement that will be accepted as an order of the court. But if children are involved, a judge always makes the decisions regarding child custody and visitation.

• Uncontested divorces are final after 31 days. The time needed for contested divorces depends on how several factors: 1. If there is going to be a hearing and how long it will take for that hearing to be scheduled. 2. How many issues need to be decided. Contested divorces can take months to finalize.

• In some cases, a preliminary hearing may be held. This hearing allows the parties to reach a temporary agreement until the final hearing is held. Many judges will require these hearings to decide temporary custody issues involving children.

The biggest mistake people make in a divorce is not contacting an attorney as soon as they know that divorce is imminent. Even if you think your spouse is going to be fair, you need a Georgia divorce attorney to represent you and protect your rights.


Michael Waddington is a trial attorney that has been quoted by hundreds of major media sources to include USA Today, Washington Post, New York Times, Newsweek, Fox News, Fox and Friends, CNN, MSNBC, CBS News, ABC News and many others. He is the founder of the legal marketing firm, Legal Niche Pros, LLC. Learn more at http://www.legalnichepros.com/.

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Article Source: The Basics of Georgia Divorce