Divorce is not a game. There is no winning or losing. There is only sadness, fear, anger and loss. The object is to survive.
There are no happy divorces, and beyond the emotional toll divorces have on people, they can be expensive if litigated without careful consideration and guidance on the firm you choose to help you. Other firms lure you in by using buzzwords like “aggressive” or “compassionate”. These words are designed to appeal to your emotions. While we possess those skills, we also know that the legal process of divorce sill not heal the trauma of getting divorced, so we bring common sense and fairness to assist you in this trying time in your life, and to help you navigate through the legalities of your divorce case.
Rest assured, when litigation is the only means, we have the experience and skill to help you to be treated fairly.
Many divorce cases are uncontested. That means ALL issues are resolved, usually at the time the case is filed. Some people decide they can handle their own divorce only to discover that it is far more complicated then they were led to believe, especially if children are involved. Not only have they wasted time but usually filing fees as well. Now, someone has to hire a lawyer anyway, and sometimes an uncontested matter falls apart and becomes contested because of this pitfall.
Don’t be a statistic. Let us help you, call us today.
Sometimes there is just no amicable resolution, and litigation is necessary. Typically there are two main issues in contested litigation: Identification and Division of assets, and custody of children and child support. This firm is a litigation firm and we have extensive experience in all aspects of litigation including custody, child and spousal support, modifications and contempt.
There is a vast array of situations that contested litigation occurs that are too numerous to mention here, and in very general terms, you can expect a contested divorce to follow this path:
1. The Filing – This is universal except there are typically additional pleadings beyond the divorce complaint filed called Interrogatories and Requests for Production of Documents. This is known as discovery and is usually expensive and tedious to the litigants, but necessary for successful litigation. Sometimes there are also depositions, which are oral examinations taken under oath before a certified court reporter. This part of the litigation can take months to complete.
2. Temporary hearing – Some judges will NOT allow you to even appear before them on anything but the most dire emergencies, until you have mediated the case, but if this is possible, the judge will usually set a status quo; temporary possession of homes and assets, temporary custody of children, temporary support and any other matter that just won’t wait. Usually takes at least 30 days after the litigation begins to even get a court date.
3. Mediation of cases – The Georgia Court System has set up the divorce system to give the litigants as many opportunities as possible to resolve their cases without trial, so to do that, it REQUIRES mediation of cases prior to scheduling for a contested trial. It does NOT require settlement of the case, but many times, some issues can be resolved before the matter is set to trial. The parties typically choose a mediator to help or one is appointed by the Court at the expense of the parties.
4. Guardian Ad Litem – Sometimes the Court decides that cases involving children need what is called a Guardian Ad Litem. It is an investigator who assists the Court and submits information and recommendations regarding the custody and visitation of children with their parents. Of course, the parties pay this person (usually lawyers) as well.
5. Calendar – Finally, usually after about a year, your case will hit a calendar in which for some divorce issues, a jury trial is possible. On some issues, the judge decides matters solely (child custody and support). The case will be decided and finalized at this point.
Unfortunately, sometimes there are allegations that someone is not abiding by an agreement or a court order, or someone is being falsely accused of inappropriate conduct after the divorce. This is called a contempt action, and is the only time typically, where someone going to jail becomes a real possibility. Sometimes this type of litigation causes long term animosity between the parties. Sometimes there are simple solutions to these situations, and sometimes there are not. Whether you feel someone is not abiding by the Court order or you are accused of violating a court order, see us, we may be able to help.
We are one of the premier family law, probate, and criminal defense firms in Forsyth County and North Georgia for one big reason. We are respected. We are respected by other lawyers and judges. They know we aren’t afraid to try a case and try it well.
jrife@rifelawfirm.com Mon – Fri 09:00-17:00
