*FOR CHILD CUSTODY QUESTIONS, CLICK HERE!*

1) I have just been handed divorce papers.  What should I do next?  You should immediately contact a lawyer to find out about your legal rights.  TO FIND OUT HOW TO HIRE A LAWYER, CLICK HERE.

2) I'm extremely frustrated by my spouse's conduct.  What should I do?  Divorce should be viewed as a last resort, especially if you have children.  You will be much more content with your divorce decision later if you make sure it's the right one now.  Unless family violence is a problem, talk with your spouse first and seek out a marriage counselor.  If you spouse refuses to work with you to save your marriage, it may well be time to go forward with your divorce.

3) I'm ready to file for divorce.  How do I hire a lawyer?  TO FIND OUT HOW TO HIRE A LAWYER, CLICK HERE

4) What happens in a divorce case?  The Judge  makes several important decisions in a divorce case:  (1) The first group of decisions involve the children:  (a) who should the children live with primarily, (b) who should make important decisions for the children, (c) what visitation rights should the other parent have, and (d) how much child support should the other parent have to pay.  (2) The second group of decisions relates to the couple's finances:  (a) how should their assets and debts be divided between them and (b) how much financial support, if any, should one spouse pay the other (alimony) and for how long.

5) I'm not ready to file for divorce just yet.  How can I find out more about my legal  rights?  TO FIND OUT HOW TO HIRE A LAWYER, CLICK HERE

6) My spouse has cut me off financially, and I need money now.  What can I do?  Your lawyer can ask the Court to hold a temporary hearing.  The temporary hearing is typically held a few weeks after the divorce case is filed.  At   the temporary hearing, the Judge will decide the issues described in the previous paragraph (custody, visitation, child support, alimony, and keeping the house and cars from being repossessed) on a temporary basis (in other words, just while the divorce case is pending).  The Judge's temporary decision is subject to change at the final divorce trial.

7) My spouse won't let me see the kids.  What can I do?  Read paragraph 6 above.

8) My house is about to be foreclosed on, and my car is about to be repossessed.  What can I do?  Read paragraph 6 above.

9) What is a temporary hearing?  Read paragraph 6 above.

10) I have an emergency and can't wait several weeks for a temporary hearing.  What can I do?  In true emergencies, the Judge will consider a request to take action in just a few days or even just a few hours.  This is a costly, difficult, and uncertain process and should only be used in true emergencies.

11) I'm confused about terms like joint custody, sole custody, physical custody, and legal custody.  What do these terms mean?  FOR CHILD CUSTODY FREQUENTLY ASKED QUESTIONS, CLICK HERE.

12) How is child support calculated?  Child support is usually calculated as a percentage of the non-custodial parent's income depending on how many children are involved, but many other factors can come into play.  Child support for one child is typically about 20% of the non-custodial parent's income, 25% for two children, 29% for three children, and 32% for four children.  Where the non-custodial parent's income exceeds $75,000 per year, these percentages generally tend to be lower.  FOR INFORMATION ON GEORGIA'S NEW CHILD SUPPORT LAW, CLICK HERE

13) What is a restraining order?  It is a court order preventing one spouse from hurting or threatening the other spouse or their children.  It is done ex parte, meaning without first getting the other spouse's version of what happened.  For this reason, the Judge requires a meeting (called a hearing) to be held a few days or weeks later to give both spouses the opportunity to persuade the Judge either to continue or to drop the restraining order.  A restraining order can also be obtained by persons who are simply living together and are not married to one another.

14) What happens if the restraining order is violated?  The violator can be arrested and jailed for violating the restraining order.

15) How long will my divorce case take?  Uncontested divorce cases (those where the couple works out the children's and financial issues before the divorce case starts) can be handled in less than 60 days.  Contested divorce cases can take six months to a year or even longer.

16) How much will my divorce case cost?  The vast majority of divorce cases are settled without a final trial.  The few divorce cases that are not settled and require a final trial can cost $10,000 or more, depending on which issues must be tried and whether some issues can be settled.  The cost of uncontested divorce cases likewise depends on which issues must be dealt with.  For example, if the parties have no children, no house, and no retirement accounts to be divided, the divorce can cost as little as $1,000.

17) What is mediation?  Mediation is a settlement conference attended by you and your lawyer and your spouse and your spouse's lawyer.  What makes mediation different from a simple negotiation is that a mediator (usually an experienced family lawyer with no ties to your case) will actively assist both sides in trying to come to a settlement through both joint and private meetings with the parties and their attorneys.  A mediation session typically lasts two to four hours.  Most Superior Court Judges in the north metro Atlanta area now require mediation before permitting a contested final divorce trial.  Court rules typically require each spouse to pay one-half of the mediator's fee at the conclusion of the mediation.

18) What if I'm new to Georgia (lived here less than six months)?  Click here for more information:  NEW TO GEORGIA

19) What if I don't live in Georgia?  Click here for more information:  NON-RESIDENT OF GEORGIA.