Divorce

Every divorce is unique.

Whether you are considering filing for divorce or have already been served with paperwork, the legal process regarding the dissolution of a marriage is daunting and emotional. Every divorce is unique. You may have modest or substantial assets, child support, custody, or visitation issues, or you have decided that it is just time for you and your spouse to live separate and apart and you have already agreed on the division of property. Whatever the case, the team of attorneys at The Hamilton Law Firm in Cumming, Georgia are here to help you navigate and resolve any and all issues. The team of Frank W. Hamilton, and Meghan R. Noblett, focus in the area of family law and domestic matters and are armed with more than twenty years of experience.

We are LGBT friendly

As lawyers and servants of the Court Supreme Court’s opinion in Obergefell v. Hodges: “Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations.”

Where do I begin?

A divorce begins with the filing of the divorce complaint. In Georgia, there are thirteen grounds for divorce, ranging from irretrievably broken (i.e. “irreconcilable differences”), to adultery, to cruel treatment. Your grounds for divorce depend on the particular facts and circumstances of your situation. If you have been served with a divorce complaint in Georgia, you have a thirty-day window to answer that complaint. Though there is no default in a divorce, answering the complaint and filing a counter-claim for divorce in a timely manner is essential to proceeding through the divorce process. Whatever the case, the team of attorneys at The Hamilton Law Firm in Cumming, Georgia are here to help you navigate and resolve any and all issues. The team of Frank W. Hamilton, and Meghan R. Noblett focus in the area of family law and domestic matters and are armed with more than twenty years of experience.

What is an uncontested divorce?

An uncontested divorce is a case where the parties have both agreed to all of the issues surrounding the dissolution of the marriage, and as such, there is nothing to negotiate or litigate. Though there may be no contentiousness in an uncontested divorce, an attorney is still essential to draft and finalize a settlement agreement on your behalf. This ensures that your rights are protected and that your long term goals are secured.

What is discovery?

The discovery process is a legal mechanism used to gain information to effectively resolve your divorce proceeding. Information is exchanged and gathered through written questions (known as interrogatories), depositions, requests for admissions, and requests for production of certain documents, with all responses being sworn under oath. Discovery is essential to gain all of the facts and documents needed to resolve the case, productively mediate, or passionately litigate any case.

What is a temporary hearing? How quickly can I get a temporary hearing?

TA temporary hearing is just what it sounds like – a preliminary hearing before the Court to determine any and all issues such as spousal support and maintenance, debts, possession of the marital residence, custody and visitation of the children, child support, insurance, attorney’s fees and possession of vehicles. The Court will make a determination after the hearing that will bind the parties until the Final Hearing. If there are emergency issues, an emergency temporary hearing may be requested. If approved by the judge, an emergency hearing will be set as soon as possible to address the issues.

What is mediation? Do I have to mediate? How much does it cost?

Mediation is a non-adversarial process in which the parties gather with an independent and objective third party to try to resolve the issues surrounding their case. Each party’s attorney will be present at the mediation and will guide the party through making, declining, or accepting settlement offers and counteroffers. Mediation allows the parties to assess all issues and the strengths and weaknesses of each part of their respective cases. Mediation is also an effective way to settle some issues in the case, which limits the cost of a trial on other issues that are more hotly contested. Most jurisdictions require the parties to mediate before they can appear before the Court for a Final Hearing. The parties typically split the cost of the mediator 50% / 50%. A mediator will typically charge by the hour and mediations can range from as short as two hours to as long as long as eight hours. A typical mediation will last around four hours and cost around $300-$400 per party. When a mediation works, it is a cost-effective alternative to litigation.

What if my case doesn’t settle?

If mediation and settlement negotiations are ineffective in resolving one or all of the issues in your case, it will be necessary to have a trial. In Georgia, you have the option of having a jury trial to hear all issues besides custody and visitation of your children. Your attorney will assess the issues and determine whether your case is better suited for a bench (i.e. before a judge only) trial or a jury trial. Should the circumstances require, the team of attorneys at the Hamilton Law Firm are well-versed in jury selection and trials. A trial requires extensive investigation, planning, strategy and preparation. This is where a team of attorneys is fundamental. The attorneys at the Hamilton Law Firm will brainstorm and analyze all issues from all angles. If necessary, we will retain experts in certain fields to address specific, detailed issues and testify on your behalf. When your day in court arrives, you can trust that you will be thoroughly represented from the time your team steps foot in the courtroom until after the Judge makes his or her final ruling.

Will my spouse have to pay for my attorney’s fees?

There are various statutes in Georgia divorces that allow a judge to require all or part of a party’s attorney’s fees to be paid by their spouse. Typically, one party is in a better financial situation than the other, the party with the ability to pay may be required to pay attorney’s fees. This allows both parties to have effective representation and resolve the case fairly and expeditiously. Many other issues may arise that can affect the award of attorney’s fees in any given case.

Contact an Experienced Divorce Attorney For More Information

Though this is the basic outline of how a divorce case proceeds, an in-depth consultation regarding your specific facts and issues is necessary for an attorney to give you adequate advice and feedback on the best way to progress your case. Contact us today to make an appointment for your consultation.

The Hamilton Law Firm also provides:

Separate Maintenance, Separation Agreement, Marital Property, No-Fault Divorce, Equitable Division, Collaborative Law, Division of Retirement Accounts, Dividing Real Estate, Dividing Marital Debt In Divorce, Qualified Domestic Relations Order, Alimony Modification, Attachment for Contempt, Contempt Action, Contempt Garnishment, Income Deduction Order (IDO), Contempt Defenses, Enforcement, Child Support, Visitation, Custody, Modification, Contested Child Custody Modification, International Child Custody, Guardian, Relocation, Guardian ad Litem, Non-Custodial Parent, Grandparent Visitation Rights, Grandparent Custody, Third Party Custody, Child Abuse, Abduction, Family Violence, Domestic Violence, Legitimation, Paternity Testing/Fraud, Paternity Establishment, Adoption, Surrogacy, Name Changes, and Moral Turpitude (depravity; wickedness).

Call Today 770-887-3188