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Divorce is a time of emotional crisis. It is the death of a marriage. The upheaval involved often leaves the parties overwhelmed and in a state of temporary paralysis. This is particularly true where one party is surprised by the other party's conduct or desire for a divorce.
Regardless of how you view divorce now (desirable, necessary, unavoidable, or otherwise), it will be an emotionally traumatic event and should be viewed as the last step, in much the same way bankruptcy is viewed as a "financial" last step.
As an Elder Law Firm, our focus is on helping you sort out issues arising in divorce and family law situations that could impact your well-being as you grow older or that could impact your eligibility for government benefits. For example, alimony or child support, if received directly, might make you ineligible for SSI and/or Medicaid; on the otherhand, if it is paid into a properly structured special needs trust, eligibility might be preserved or accelerated.
If you are a Senior Citizen, we will discuss representing you if you are seeking a divorce. Nonetheless, we strongly encourage you to attempt reconciliation first. There are many good marriage counselors (in the Chattanooga and North Georgia area; we recommend counselors associated with Chattanooga Bible Institute), pastors and books to help you work on putting your marriage back together. One we recommend is Reconcilable Differences, by Robert Stephan Cohen. Remember, though, as you consider reconciliation that your spouse may not be concerned about protecting you, your children or your marriage. Protect yourself during the reconcilation process by seeking advice from a legal or financial counselor.
One reason we encourage you to attempt reconciliation before you speak with us is that we are not marriage counsellors. As lawyers, our job is to protect you as we help you take your marriage apart. Our goal will be to help you secure a resolution that will allow you to move forward with your life, positively, and with as much financial security as possible.
A divorce is a lawsuit. It begins when a complaint for divorce is filed. The Complaint must name the parties to the lawsuit, the grounds for the divorce and should, at least in summary fashion, state what relief you want. In Georgia there are thirteen grounds for divorce. One ground is "irretrievably broken" (sometimes referred to as the "no-fault" ground). The other twelve grounds for divorce in Georgia are "fault" grounds. All are listed in the statute books at Official Code of Georgia § 19-5-3.
In Georgia, if the defendant is a Georgia resident, the Complaint must be filed in the county where the defendant resides. The Defendant will have thirty days to answer the complaint. Thereafter, discovery usually begins. In the interim, if you need special relief, such as a restraining order to prevent abuse, or temporary child custody and support, or temporary alimony, you can petition the court for a temporary order. Typically, temporary orders are granted to protect the status quo while the case remains pending. See the State Bar of Georgia Divorce Pamphlet for additional information. You should also read the Divorce Manual, found on the American Academy of Matrimonial Lawyers website. Other resources can be found through the State Bar of Georgia Family Law Section.
If you have minor children, you will be required to take the parenting course offered through the court system. Therefore, we encourage you to call the Superior Court Clerk in your county (look for the number in your phone book's blue pages, under County Government) and get information concerning when you can attend that course. Do not delay attending the parenting class. Attendance is required. It may also help you understand how to work together with your soon-to-be-ex spouse for the good of your children. You should also review other materials that will help you work toward the best interests of your children, such as the Step Back From Anger pamphlet, available through the American Academy of Matrimonial Lawyers.
If you are confronted with the prospect of divorce, either in your family or in your child's family, you should also consider reviewing your estate planning documents. At a minimum, we recommend reviewing the following:
- Your Will and any codicils;
- Trusts;
- Beneficiary designations in any insurance policies, annuities, pensions, etc.;
- Nominations for guardian or conservator in powers of attorney;
- Finanicial Powers of Attorney
- Health Care Powers of Attorney;
- Property titled jointly or in co-tenancy;
- Business holdings;
- Buy-Sell Agreements;
- Investment accounts (how titled, beneficiaries);
- All credit accounts;
- Prenuptial and Antenuptial Agreements; and
- Parents' estate plans.
In addition, you should review how the divorce may impact benefit eligibility for any disabled member of the family.
As you prepare to hire a lawyer, keep in mind that your lawyer did not live your life with you. You will need to educate your lawyer on what happened. You should anticipate preparing a detailed written marriage history for your lawyer. Clearly label it as a letter to your lawyer so it will be protected by the attorney-client privilege. Do not leave it where it will be found by anyone who should not read it (and for that matter, you should assume that everything you do until the divorce is final will be clearly recorded on video and audio tape; don't do anything you would not want your jury to watch on a video monitor). Your lawyer will give you further instructions on preparing your marriage history when you meet with him or her.
You should organize your thoughts concerning your goals in the divorce process. Fighting for the sake of fighting is pointless. There should be something you are fighting for, whether it is custody of your children, child support, a fair share of the marital assets, alimony or something else. If you can outline your thoughts concerning what you want to accomplish, it will help your lawyer counsel you on possible ways to achieve your goals. It will also help your lawyer work with you if you are selling yourself short and deserve more, or if your goals are unrealistic.
When you meet with your lawyer, you should bring information with you that will help your lawyer advise you concerning the scope of the marital estate and your options. This includes information on all banking, investment and credit accounts, all deeds, all insurance policies (life, health, disability, etc.), all a description of all major assets such as homes and land, timeshares, vehicles, boats, private collections, tax returns and financial statements for the past three years. If your records are on a program such as Microsoft Money, copy the file and bring it with you. You should also review the financial affidavit all parties are required to complete. Bring any information with you that will be necessary to complete the financial affidavit. Click here for a link to the affidavit. Although we think everyone going through a divorce should seek legal counsel, additional forms are available at the Fulton Family Division Website. We believe an attempt to represent yourself in a divorce is like walking through a minefield blindfolded; if you are thinking about representing yourself, or about using forms linked from this page, please read the disclaimer at the linked page and our disclaimer.
If you are in an abusive situation, leave! Even if you want to save your marriage, leave until you can get help. This is particularly important where drugs or alcohol are involved. Click here for information on Georgia Domestic Violence. For local help, look in the county blue pages in your local phone book, or call our office and we will assist you in locating a local number.
You should assume your divorce case will be sent to mediation at some point. Mediation is a process where parties are encouraged to explore possible voluntary resolutions. You are not required to settle your case at mediation. Further, mediation may be inappropriate where one party approaches in the process in bad faith. Nonetheless, it is part of the process as shown by a standing order in the Conasauga Judicial Circuit (Whitfield and Murray Counties, Georgia), authorizing referral all domestic cases to mediation.
This page is intended to provide information, and is not legal advice. Please keep in mind that we do not know the specific facts of your case and that every case should be resolved on its own merits (which means, you must tell your lawyer the facts about your case). We do not accept new clients over the internet You may contact us by telephone or you can schedule a free consultation. If, after we meet, you wish to retain us and we agree to work for you, we will sign a fee agreement with you. We charge a retainer in all divorce cases, which ranges from $2,000 to $5,000 depending on the complexity of your case. Although we reserve the right to modify our fees, unless we agree to a reduced rate, our hourly fee is $400 in divorce cases. If your case is simple, then your fees may be minimal. If it is complex, then in addition to attorneys fees, you should anticipate the need for assitance from an accountant or other professional; if required, those and other expenses will be your responsibility. (Divorce is not inexpensive, which is another reason to consider reconcillation before you hire an attorney).
Although the Law Office of David L. McGuffey, LLC accepts Elder Law cases throughout Georgia and Tennessee, we limit our divorce practice to certain counties in Northwest Georgia. Principally, those counties are Whitfield, Murray and Catoosa, as well as adjoining counties. Because we focus our practice on helping Elders and their caregivers, we limit our family law practice and we frequently reject cases that do not involve a Senior Citizen or disabled individual. We seldom handle child support and custody cases. If your case involves child custody or support, we invite you to seek the services of an attorney who focuses his or her practice on those issues, or who has a general domestic practice.
Before hiring an attorney, you should meet with him or her and determine whether you are comfortable with the attorney's level of experience and with their attitude toward you and your case. In keeping with our personal beliefs, we encourage reconciliation where possible. Nonetheless, we do not view it as our job to judge you or to decide whether divorce is right for you. You should make that decision before you see us. If you retain us to represent you, we will do so vigorously and zealously, within the bounds of law and the canons of legal ethics.
If you choose not to hire the Law Office of David L. McGuffey, LLC, or if you would like to speak with another lawyer, we highly recommend the Cowan Law Firm at 706-278-2099 in Dalton, Georgia. To find other lawyers, see The Lawyer Locator through the ABA Network.
© 2004, Law Office of David L. McGuffey, LLC
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