Frequently Asked Questions

Yes. The attorneys spend a considerable amount of time out of the office attending court, mediations, settlement meetings and the like. Consequently, if you want to see an attorney, you should contact our office and schedule an appointment.

No. Our legal assistants are not authorized to practice law and cannot give you any legal advice about your situation. You would need to speak with one of the attorneys or schedule an appointment. Likewise, our assistants are not allowed to estimate fees for representation.

In the majority of cases, there is no initial consultation fee. A client can come and meet with one of the attorneys for thirty minutes free of charge. If your situation is one that requires a consultation fee, you will be told the amount of the consultation fee at the time you schedule the appointment.

We accept cash, personal checks, money orders and other forms of certified funds. We also accept credit cards and debit cards with VISA, Mastercard, Discover and American Express logos.

Yes.

Mr. Phillips’ email address is scottphillips@knology.net.

Ms. Sellers’ email address is

asellers123@knology.net.

An uncontested divorce means that the parties have an across-the-board agreement on all of the issues that need to be legally resolved. If the parties have children, this means they agree on custody, visitation, the amount of child support to be paid by the non-custodial parent, etc. The parties must also on how they will divide their assets (real estate, vehicles, retirement accounts, etc.) and their debts (credit card bills, mortgage payments, car payments, etc.). Uncontested divorces require very specific documents depending on the issues involved. It’s always wise to hire a professional to draft the documents and finalize your uncontested divorce. Some issues cannot be modified later, so it’s best to make certain everything is handled correctly in the divorce.

No. It is not possible for an attorney to represent both sides in an uncontested divorce. It also violates the Rules of Professional Conduct to attempt to do so. In an uncontested divorce, one party is represented by the attorney drafting the necessary documents, and the other party has no attorney or can hire an attorney of his or her choosing. For this reason, you should never bring your spouse to an initial divorce consultation. You need an opportunity to speak in confidence with your attorney before bringing your spouse into the situation.

If your spouse has relocated, and you can’t find him or her, then an uncontested divorce is not a possibility. An uncontested divorce assumes that the other party can be located and is willing to sign settlement documents. You will need to file a contested divorce and serve your spouse by the publication of a legal notice. Divorces by publication can only accomplish a few limited goals, so you should make all possible efforts to locate your spouse prior to resorting to a divorce by publication

Once the documents are signed and filed with the court, there is a mandatory thirty (30) day waiting period for the parties to reconsider what they are doing. The thirty day waiting period CANNOT be waived by agreement or otherwise. After the thirty days, the documents go to the judge for his or her approval.

Yes. An uncontested divorce can be completed using written affidavits in place of in-court testimony.

The cost of a divorce is directly determined by the amount of time that must be invested in the representation. Consequently, uncontested divorces are cheaper than contested divorces. Usually, cases involving children are more expensive than cases that only involve property division. The complexity of the dispute determines the fee. For a free quote for your divorce, please contact our office.

You should contact an attorney immediately. If you have been served with a divorce, you have a deadline by which you must file a response with the court. If you fail to answer the divorce, you will be in default, and the divorce will be completed without you. If you fail to file your answer on time, then you are at the mercy of your spouse and his or her attorney to treat you fairly in your absence.

In both Georgia and Alabama, child support is computed using a mathematical formula. The calculations use the gross incomes of both parties, childcare costs (if any), health insurance costs for the child (if any) and other child-related expenses. Your personal monthly expenses such as rent, utility bills, and credit card bills do not impact child support calculations. Only child-related expenses affect child support calculations. The child support calculator also takes into account self-employment taxes, pre-existing child support obligations for other children and the cost of additional children in the home who are not related to the litigation.

In all divorce cases, the issue of alimony is left to the discretion of the judge, and unlike child support, there is no formula for calculating alimony. The issue of alimony depends on one spouse’s need for the alimony and the other spouse’s ability to pay alimony. The length of the marriage, the incomes of the parties and the household expenses of the parties are factors that impact alimony determination.

If the parties have children, most counties require divorcing parents to attend a class to learn about the effects of divorce and visitation schedules on minor children. In Georgia, the class is referred to as the Seminar for Divorcing Parents, and it’s required in all six counties that make up the Chattahoochee Judicial District. In Alabama, it is referred to as the Trans-Parenting Seminar. The class is usually only a single, one-night session and not a series of classes.

Guardianships are temporary in nature and the legal parents do not terminate their parental rights when they agree to a guardianship. A legal parent may petition at any time to have a guardianship revoked. Adoptions establish a permanent parent/child relationship and the rights of the biological parents are terminated during the adoption process.

A Guardian ad Litem protects the legal interests of the minor children involved in a divorce or other type of custody dispute. The GAL works with the parties and their attorneys to gain a detailed understanding of the children’s living situation so the GAL can advise the Court during hearings and final trials. The GAL can interview witnesses, order drug and alcohol testing of the parents, review medical and educational records and perform other investigatory duties to develop a full picture of the parents and the minor children involved in the litigation.

Mediation is a settlement process required by most courts before a family law case is set for final trial. A certified mediator facilitates settlement discussions between the parties with the goal of settling some or all issues in the case without a trial. Mediation is an opportunity for the parties to craft a customized solution to their problems without handing their lives over to the Court to decide the issues for them.