Tag Archives: uncontested divorce

Catoosa County Uncontested Divorce Information

Catoosa County Uncontested Divorce Information

Catoosa County Uncontested Divorce Information

·         Catoosa County Superior Court

·         Catoosa County Superior Court Filing Fees

·         Catoosa County Divorcing Parents Seminar Information | Divorcing Parents Seminar Information

·         Catoosa County Sheriff’s Department

If you have questions about an uncontested divorce, call 404-348-4081 and arrange for a free 30 minute telephone consultation, at that time a lawyer will listen to you and give you some ideas for a path forward.   In the mean time you might find the attached Uncontested Divorce Worksheet helpful.

Uncontested Divorce Division of Property

Uncontested Divorce Division of PropertyUncontested Divorce Division of Propertywhat property is divide in an uncontested divorce?  Only real and personal property and assets acquired by the parties during the marriage are subject to equitable property division.  A property interest brought to the marriage by one of the marital partners is a non-marital asset and it si not subject to the equitable division since it was not generated by the marriage. (see Payson v. Payson, 274 Ga. 231 (2001) and Bloomfield v. Bloomfield, 282 Ga. 108 (2007).

The last date on which assets may be acquired so as to be marital assets is the date of the final decree of separate maintenance or the date of the decree of divorce.  (see Friedman v. Friedman, 259 Ga. 530 (1989)

Property acquired during the marriage by either party by gift, inheritance, bequest, or devise remains the separate property of the party that acquired it; and is not subject to equitable division unless the appreciation in the value was caused by efforts of the other party during the marriage. (see Halpern v. Halpern, 256 Ga. 639 (1987).

However, Property does not become a marital asset simply because one of the spouses obtains it during the marriage.  (Dasher v. Dasher, 283 Ga. 436 (2008)).

Gifts between spouses of marital property remain marital property, subject to equitable division.  Also, a gift to a marital couple will become marital property absent evidence of the contrary intent by the donor.  However, a gifts of one souse by the other spouse becomes separate property of the recipient spouse.    (see Bailey v. Bailey 250 Ga. 15 (1992) and McArthur V. McArthur, 256 Ga. 762 (1987).

In a case where the marital residence was purchased by one party prior to the marriage, the other party would be entitled to an equitable share of the net increase in the equity in the marital home attributable to marital funds.  (see Thomas v. Thomas, 259 Ga. 73 (1989)).

Uncontested Divorce Division of Property – If you have questions about an Uncontested Divorce Division of Property or you need help with completing an uncontested divorce – Contact the  Remboldt Law Firm at 404-348-4081.

Additionally, for more information on the Georgia Child Support Calculation Gross Income – you may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

Flat Fee Divorce

Flat Fee Divorce- An uncontested divorce in GA is often a great alternative for couples who can communicate well enough to sit down and work out a divorce agreement.  Following are the fees associated with having an attorney assist you through the process.

Flat Fee DivorceFlat Fee Divorce – The Remboldt Law Firm charges a flat fee for preparing an uncontested divorce in GA for filing.  The flat fee follows, and does NOT include court fees:

  • $540.00 for uncontested divorce with no minor children documents (plus court filing fees)
    • Includes two 30 minute phone consultations with an attorney,
    • unlimited number of edits to documents,
    • coaching through the process until the divorce is final.
  • $720.00 for uncontested divorce with minor children documents (plus court filing fees)
    • Includes two 30 minute phone consultations with an attorney,
    • unlimited number of edits to documents,
    • coaching through the process until the divorce is final.

Click here for an UNCONTESTED DIVORCE WORKSHEET to assist you in recording your agreements with your spouse.

If you and your spouse have agreed on child support, spousal support and alimony or child custody and visitation, and the property division and division of debts, CJ and the Remboldt Law Firm will gather all your information, create and finalize your divorce paperwork and if you would like, file the documents for you in the appropriate Georgia court. In some cases you may not even need to appear in the court.

Because an uncontested divorce is primarily negotiated by you and your spouse, it is important to seek legal advice early in the process so you have an idea as to your rights and obligations before entering into negotiations or private mediation.

Even though you and your spouse may never appear in a courtroom during your divorce, the Remboldt Law Firm can only represent one of the spouses. For this reason, the Remboldt Law Firm attorney only meets with one party to the divorce and will give complete legal advice to that spouse. Although we may prepare documents for the other spouse to sign as a courtesy, the Remboldt Law Firm advises the other spouse (called the Respondent) to obtain independent legal advice to avoid any potential conflict of interest.

Flat Fee Divorce – The Remboldt Law Firm does not charge for postage, copies, or any other ancillary costs. In most cases an uncontested divorce can be ready to file with 48 hours of a consultation with a lawyer and receipt of all the needed information.

How To Proceed

Call 404-348-4081 and arrange for a free 30 minute telephone consultation, at that time a lawyer will listen to you and give you some ideas for a path forward. The UNCONTESTED DIVORCE WORKSHEET may be of assistance to you in coming to agreements with your spouse.

 

Georgia Uncontested Divorce

A Georgia Uncontested Divorce is often a great alternative for couples who can communicate well enough to work out a divorce agreement.Georgia Uncontested Divorce

A Georgia uncontested divorce is a less expensive alternative to almost any other divorce process, especially a costly and time-consuming litigated divorce. In an uncontested divorce, there is less emotional and physical stress than in a long drawn-out litigated divorce. But best of all an uncontested divorce is fast and inexpensive.

To have a Georgia uncontested divorce, you and your spouse must agree on all the terms of the divorce, such as child support, spousal support and alimony or child custody and visitation, property division and division of debts.

If you thinking about an Divorce (or has your spouse initiated divorce proceedings) an uncontested divorce attorney as a partner can help you navigate the road.  The Remboldt Law Firm, are attorneys dedicated to assisting you.  We will listen to your personal goals, take time to learn about your special family situation and help you through the divorce process.  If you are thinking about an divorce, you have many decisions to make, and likely many questions. We will work hard to help you create a path forward that right for you, your family and your circumstances.

If you have agreed on a divorce and all the divorce terms, an attorney can assist you in getting your divorce completed.    In the mean time, you may find the Georgia Child Support Worksheet helpful.  Following is the Uncontested Divorce Worksheet a helpful tool in moving forward with an uncontested divorce.

Following the links below will give you some general information to consider.

If you are considering a divorce or if your spouse has already filed for a divorce, please call us as soon as possible at 404-348-4081 for a free 30 minutes telephone consultation, at that time an attorney will listen to your goals and unique family situation and help you form a strategy that feels right and makes sense for your path forward.

Credit Cards Are Accepted – Evening and Weekend Appointments Are Available.

Alimony | Spousal Support

Alimony and Spousal SupportAlimony | Spousal Support – if you are considering a divorce and have questions about alimony (also called spousal maintenance or spousal support) you are not alone.

Because the court has a broad discretion to award alimony there are not many hard and fast rules. Generally, alimony is paid from one spouse to another for day-to-day support of their spouse.

The court considers many factors before it awards support, but generally one spouse’s need and the other spouse’s ability to pay are the two most important factors. There are two types of alimony, rehabilitative support and permanent support.

Rehabilitative Spousal Support / Alimony

  • Rehabilitative spousal support is intended to provide a chance for education or job training so that a spouse who was financially dependent or disadvantaged during marriage can become self-supporting.
  • Rehabilitative support is designed to help make up for opportunities lost by a spouse who left a job (or did not pursue a career) in order to help the other spouse’s career or to assume family duties. Alimony may also be awarded to a spouse who worked outside the home during the marriage, but sacrificed his or her career development because of family priorities. Rehabilitative support is usually awarded for a limited time, such as one to five years.

Permanent Spousal Support / Alimony

  • Courts award permanent support to provide money for a spouse who cannot become economically independent or maintain a lifestyle that the court considers appropriate given the resources of the parties.
  • A common reason for ordering permanent maintenance is the recipient, because of advanced age or chronic illness, will never be able to maintain a reasonable standard of living without the support. Some courts will order permanent support for a spouse who, although working, will never have earning power at a level near the earning power of the more prosperous spouse.
  • Although it is called permanent support, the level of support can change or cease if the ability of the payer or the needs of the recipient change significantly. Support generally ends if the recipient remarries.

Some considerations the court takes into account when deciding about alimony or spousal support is:

  • The standard of living established during the marriage,
  • The duration of the marriage, the age and the physical and emotional condition of both  parties,
  • The financial resources of each party,
  • The time necessary for either party to acquire sufficient education or training to enable the party to find appropriate employment,
  • The contribution of each party to the marriage, for example, services rendered in homemaking, child care, education, and career building of the other party;

If you are interested in learning more about alimony, call CJ and the Remboldt Law Firm at 404-348-4081 to arrange your free telephone consultation.

If you have agreed on a divorce and all the divorce terms, an Uncontested Divorce Attorney can assist you in getting your divorce completed.    In the mean time, you may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

Division of Property and Debts

Division of Property and DebtsDivision of Property and Debts – if you are considering a uncontested divorce, you may be wondering what property and debts you or your spouse may retain from the marriage.

In a Georgia divorce, marital property, assets and debts are separated between the spouses fairly, and is called the equitable division of property and debts. Regardless of the process you choose for your divorce Uncontested, Mediation, Collaboration, or Litigation, you must equitably divide the property and debts of your marriage.

During the equitable division of property and debts, all real and personal property, assets and debts acquired by you and your spouse during your marriage are divided fairly. If a spouse brings property, assets and debts to the marriage these may be considered a non-marital asset and it is not subject to equitable division, since it was not created by the marriage.  However, property does not become a marital assets simply because one spouse obtains it during the marriage. The rules of what property is marital and which are separate are complex so if you have questions about what property is divided in a divorce, you should consult with an attorney before you sign your settlement agreement.

What Is Involved In Property Division?

An uncontested divorce lawyer can be an important partner in helping you identify marital and non-marital property, assets, and debt issues that are specific and unique to your situation. Consideration should be given to real estate, personal property, the marital home, investments, retirement plans, stock options and all debt regardless of whose name it is titled under. An uncontested divorce attorney can provide knowledgeable guidance throughout the steps of:

  • Identifying marital and non-marital assets and debt
  • Valuing assets and debt
  • Dividing assets and debt

For some additional information please see the attorney blog archives:

  1. Equitable Division of Assets
  2. Settlement Agreements
  3. Property Settlements

Additionally, an uncontested divorce attorney can assist you in working out a new family budget that allows each to have an independent household. Issues involving the children, such as child custody and support should also be considered and ideas for handling those matters explored.

Contact the Remboldt Law Firm to schedule your free telephone consultation with CJ call 404-348-4081.

If you have agreed on a divorce and all the divorce terms, an Uncontested Divorce Attorney can assist you in getting your divorce completed.    In the mean time, you may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

Parenting Plan

Parenting PlanParenting Plan – As a parent involved in divorce in GA, you will be required to create a Parenting Plan. An uncontested divorce attorney partner can be critical in making sure your parenting plan complies with GA Laws.  In an uncontested divorce the parenting plan is submitted by both parents together.

The purpose of a written parenting plans provide children and parents with some assurances of maintaining meaningful contact and can prevent future conflict.  Children do best when their parents cooperate.

What to consider in developing a Georgia Parenting Plan?

The age of the children are always important in creating your plan.  A general rule is the younger the child, the more frequent the need for the child to connect with both parents.  If you need additional information or ideas about creating a parenting plan contact us.  Following are some components to consider when creating a parenting plan.

  • Goals each parent has for the children as well as mutual goals for the children
  • Parents’ work and activity schedules
  • Children’s school and activity schedules
  • Parental responsibility for each day of the week given the parents and children’s schedules
  • Holiday schedules
  • Decision making regarding religion, school, non-emergency medical care and extra-curricular activities.

What must a Georgia Parenting Plan contain?

A parenting plan in Georgia must comply with O.C.G.A. §19-9-1 and include the following aspirations:

  1. A recognition that a close and continuing parent-child relationship and continuity in the child’s life will be in the child’s best interest.
  2. A recognition that the child’s needs will change and grow as the child matures and demonstrate that the parents will make an effort to parent that takes this issue into account so that future modifications to the parenting plan are minimized.
  3. A recognition that a parent with physical custody will make day to day decisions and emergency decisions while the child is residing with such parent.
  4. That both parents will have access to all of the child’s records and information, including, but not limited to, education, health, extracurricular activities, and religious communications.

Additionally, the Georgia Parenting Plan must also include:

  1. Where and when a child will be in each parent’s physical care, designating where the child will spend each day of the year.
  2. How holidays, birthdays, vacations, school breaks, and other special occasions will be spent with each parent including the time of day that each event will begin and end.
  3. Transportation arrangements including how the child will be exchanged between the parents, the location of the exchange, how the transportation costs will be paid, and any other matter relating to the child spending time with each parent.
  4. Whether supervision will be needed for any parenting time and, if so, the particulars of the supervision;
  5. An allocation of decision-making authority to one or both of the parents with regard to the child’s education, health, extracurricular activities, and religious upbringing, and if the parents agree the matters should be joint decided how to resolve a situation in which the parents disagree on resolution and
  6. What if any limitations will exist while one parent has physical custody for the child in terms of the other parent contacting the child and the other parent’s right to access education, health, extracurricular activity, and religious information regarding the child.

For more information about Georgia Parenting Plans, see the attorney BLOG archives.

  1. Parenting Plans
  2. Visitation
  3. Grandparents
  4. Legitimation
  5. Paternity
  6. Parental Rights

More help for the Georgia Divorcing Parents.

Books:

  1. Mom’s House, Dad’s House, Isolini Ricci
  2. Mom’s House, Dad’s House for Kids, Isolini Ricci
  3. The Co-parenting Toolkit, Isolini Ricci
  4. Putting Children First:  Proven Parenting Strategies For Helping Children Thrive Through Divorce, JoAnne Pedro-Carroll

Websites:

  1. Up to Parents – website
  2. Developmental Milestones – National Institutes of Health

Family Electronic Calendars:

  1. 2Houses
  2. Both Parents
  3. Our Family Wizard
  4. Cozi

Contact the Remboldt Law Firm to answer your questions about parenting plans or to modify the parenting plan that you already have at 404-348-4081 during a free 30 minute telephone consultation.

If you have agreed on a divorce and all the divorce terms, an Uncontested Divorce Attorney can assist you in getting your divorce completed.    In the mean time, you may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

Child Custody

Child CustodyChild Custody – As a parent considering an uncontested divorce in Georgia you may have questions about the legal custody and physical custody of your children.

No matter which process of divorce you choose, an uncontested, mediation, collaboration, or litigated divorce, you will still have a relationship with your spouse as parents after your marital relationship has ended. The Remboldt Law Firm will help you keep focused on decisions that are in the best interests of your children and in the long term interest of your ongoing relationship with your spouse as your child’s parent.

In Georgia both physical custody and legal custody are awarded.

Child Custody  – Physical Custody

Physical custody means the parent who has the right to have the child live with them.  Generally one parent is awarded primary physical custody with the other parent having secondary physical custody.  However, joint physical custody is an option if parents live relatively close together and the child spends a significant amount of time with both parents.

Child Custody – Legal Custody

Legal custody is generally the right of a parent to make decisions about schooling, religion, extra curricular activities and medical care. In Georgia, Joint Legal Custody is generally awarded, but the court may award sole legal custody of the children to one parent if the parents are not able to communicate or one parent  is abusive.

When a court is required to make a custody determination, the sole question for the Court is what is in the best interest of the child.  In an uncontested divorce, the divorcing parents can decide between themselves the matter of custody.

Can a child choose which parent has primary physical custody?   The answer is it depends.

Child 14 can choose – A child that is 14 years of age or older has the right to select which parent that child desires to live with.  In a contested divorce – the court has a wide latitude and discretion in determining whether such parent is a fit and proper person to have physical custody.  If the parent is found unfit, the child’s right to choose is not controlling.  (O.G.G.A. § 19-9-1(a), 19-9-3(a))

Child 11 but not 14 – If a child is 11 but not 14 years old, the court must consider the desires, if any, and educational needs of the child in determining custody between the parents, but the court will have complete discretion and the child’s desires will not be controlling; and the court will have broad discretion and the best interest of the child standard will be controlling. (O.C.G.A. §19-9-1(a)(3)(D).

For more information about child custody in Georgia – there are several blog posts related to child custody in the Child Custody topic in the BLOG archives.

If you are interested in learning more about child custody in Georgia, contact the Remboldt Law Firm at 404-348-4081 to arrange your free telephone consultation.

If you have agreed on a divorce and all the divorce terms, an Uncontested Divorce Attorney can assist you in getting your divorce completed.    In the mean time, you may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

Divorce Topics

Divorce TopicsDivorce topics – if you are considering an uncontested divorce, you have many decisions to make, and likely many questions. The Remboldt Law Firm, LLC will work hard to help you create a path forward that right for you, your family and your circumstances. In the mean time, following the links below will give you some general information to consider and may answer some of those questions.

If you are considering an uncontested divorce or if your spouse has already filed for a divorce, please call us as soon as possible at 404-348-4081 for a free 30 minutes telephone consultation, at that time an attorney will listen to your goals and unique family situation and help you form a strategy that feels right and makes sense for your path forward.

If you have agreed on a divorce and all the divorce terms, an Uncontested Divorce Attorney can assist you in getting your divorce completed.    In the mean time, you may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.