Frequently Asked Questions

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How long does an Uncontested Divorce take?

This largely depends on several factors including how quickly you and your spouse can agree on things and how fast the judge will act.  Under perfect circumstances an Uncontested Divorce can be finalized within 30 days of filing. 

Why is Uncontested Divorce preferable to a Contested Divorce?

Uncontested divorce is vastly preferable to a contested divorce provided that the parties are capable of getting along. Uncontested divorce is good for the following reasons.

1.It keeps things amicable: You may be getting a divorce but there’s no need to be nasty to each other. 

2. It’s much quicker.  Uncontested divorces can be finalized in as little as 30 days in certain circumstances.

3. It’s cheaper.  Most contested divorces START at $5,000 and can often cost in excess of $10,000.  Even the most complicated Uncontested divorces can often be finalized for less than $2,200 including court costs. 

How much does an Uncontested Divorce cost?

Uncontested divorces without minor children start at $800 plus court imposed fees.

Uncontested divorces with minor children start at $1200 plus court imposed fees.

What is an Uncontested Divorce?

An uncontested divorce refers to the level of agreement between the divorcing parties regarding the grounds for divorce and the division of assets and liabilities.

What is the difference between a Will and a Living Will?

The state of Georgia recognizes the right of a competent adult person to make a written directive known as a Living Will, instructing his physician to withhold or withdraw life sustaining procedures in the event of a terminal condition.

How much does a will cost?

Wills generally start at $275 for simple wills. The complexity of the will is the final determinant of cost. All costs will be quoted up front after your consultation.

What if I die without a Will?

If you die without a will in Georgia, then state law will determine the individuals who will receive your property, and the Courts will decide the remaining issues. For example, the court will appoint a guardian for any minor children. Also, the court will appoint an administrator to distribute your property, and allow the administrator to retain a fee for his or her work.

Who needs a Will?

All adults should have a will, especially if you are married, have children, or have any assets. In addition to distributing your assets to the persons you desire, a will allows you to specify the individual you would like to have custody of your minor children, and also specify your wishes for your final resting place. Having a valid will ensures that your property will be distributed without significant costs.

What is a Will?

A Last Will and Testament is a document which allows you to transfer property you hold in your name at the time of your death to the person you want to have it. A Will also typically names a person or persons you select to be your Personal Representative (or “Executor”) to carry out your wishes and also names a Guardian if you have minor children. A Will only becomes effective upon your death and after it is admitted to probate.

Can I keep my home and personal property?

In most cases, you keep your property. However, only after providing your attorney with a list of all your Assets can this question be answered.

What debts are wiped out?

Generally speaking, all debts are eliminated, except for the following:

  • Debts which have are determined by the Bankruptcy Court to be non-dischargeable as the result of debts created through false pretenses or misrepresentations or for money or property obtained by fraud or for damages arising for willful and malicious injury to property;
  • Certain taxes;
  • Certain Debts which you fail to list on the schedules;
    Debts owed to a spouse, former spouse, or child for alimony, maintenance and support; or incurred as the result of a property settlement agreement;
  • Debts for fines, penalties, restitution or forfeitures payable to a governmental unit or as the result of a conviction in a criminal case;
  • Debts because of damages, injuries or death resulting from driving while intoxicated;
  • Educational or student loans.

Who can file a Chapter 7 Bankruptcy?

You must not have been granted a Chapter 7 discharge within the last 8 years or completed a Chapter 13 plan within the last six years with a repayment of less than 70% to unsecured creditors.