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Can I Just Use Uncontested Divorce Forms Online?

"An uncontested divorce is when both spouses agree to most, if not all, of the division of assets, finances, and child custody and visitation of minor children. This type of divorce decreases the Court requirements and legal fees dramatically!” bechtold-law.com .  In many divorce cases it is helpful to begin with the uncontested process to see if an agreement can be reached before starting the contested Court process. An uncontested divorce can be quicker, cheaper, and more efficient. The down side of an uncontested divorce, for some, is that, “no blame is assigned to you or your spouse.” lawyers.com . Once you decide you want to start with an uncontested divorce, you need to decide how to proceed legally. You may be able to find some forms online to start the process yourself, but most do not have the specific state or county requirements for your divorce to go smoothly. Local Superior Court Clerks may also have forms available, but they are just that, forms. Also, “the

Why Would I Want an Uncontested Divorce?

“It is quicker and cheaper to file for an uncontested divorce. An uncontested divorce is when both spouses agree to most, if not all, of the division of assets, finances, and child custody and visitation of minor children. This type of divorce decreases the Court requirements and legal fees dramatically!” bechtold-law.com . In many cases, it is helpful to start with the uncontested process to see if an agreement can be reached. The benefits of an uncontested divorce is that it is quicker, cheaper, and more efficient. The down side of an uncontested divorce, for some, is that, “no blame is assigned to you or your spouse.” lawyers.com. The Law Office of Christine M Bechtold, LLC offers uncontested divorce services at a flat fee. Call the office today for your free initial consultation. 770.466.2700 Christine@Bechtold-Law.com

Do I Need a Lawyer for Divorce?

In most cases, yes, obtaining legal services to protect yourself is a wise choice. "Even if your divorce is friendly and you've reached a mutual agreement with your spouse about custody and property, obtaining help from a professional is often a good idea." family-law.lawyers.com. Although some Courts have forms online, to someone who is not familiar with the law, those forms can be overwhelming. Some fill-in forms do not suit your needs and often do not address all issues for a divorcing couple. "An attorney will ensure that all matters that should be resolved in a divorce are resolved. Acting without an attorney could end up being a costly mistake both to the parties and to their children." www.gabar.org. Whether you are starting the divorce process, have already filed, or are in the process of divorce, contact the Law Office of Christine M. Bechtold today at 770.466.2700 or Christine@Bechtold-Law.com to schedule your free divorce initial consultation

How Does a Judge Determine Custody?

Georgia child custody law revolves around the best interest of your child. "In determining the best interests of the child, the judge may consider any relevant factor." O.C.G.A. 19-9-3. An inclusive list of factors a Judge can consider can be found at O.C.G.A. 19-9-3(a)(3) . "If either parent has a history of domestic violence, judges must consider this as well in some states. However, if one parent falsely accuses the other of violence, this false accusation can work against the parent who makes it." family-law.lawyers.com The court determines both legal and physical custody of your child. Legal custody provides that parent with the right to make major decisions regarding the child’s welfare. Physical custody is just what it sounds like; it is where the child will stay. Parents can have joint legal and/or joint physical child custody where they share these responsibilities evenly. Upon divorce where children are involved, Georgia child custody

What is a Prenuptial Agreement?

Prenuptial agreements are generally looked upon negatively. They are believed to be for people with exceptional amounts of money or when someone believes their marriage is likely to end in divorce - this is simply not true. A prenuptial agreement is a contract between two willing parties who are interested in protecting their interests after marriage. A prenuptial agreement starts with an open discussion between two people who are interested in moving into a successful marriage and are not planning for divorce, but rather, are having an honest conversation about what happens if something goes wrong. A prenuptial agreement allows a marrying couple to clarify what will happen to their personal and financial items in the event of divorce. Having these decisions about personal property decided ahead of time may potentially avoid a delayed and expensive divorce later. For those who did not enter into a prenuptial agreement, a postnuptial agreement between married c

What is an Advance Directive for Health Care?

There are some times in our lives when we are too ill to make decisions about our own healthcare. These times can range from going into simple surgery to end of life care. A living will, or advance directive for health care (ADHC), is a legal document that you set-up before you are too ill to make your own decisions. It allows you to set-up guidelines for your healthcare and how you would like these decisions to be made for you when you can't make them yourself. "You have the right to control all aspects of your personal care and medical treatment, including the right to insist upon medical treatment or direct that medical treatment be withheld or withdrawn. If you cannot (or do not want to) communicate your health care decisions for yourself, you have the right to choose someone to make health care decisions for you. You also have the right to state your treatment preferences if you have a terminal condition or are in a state of permanent unconsciousness.The Georgia Advance

How Do I Manage Child Visitation During Holidays?

Dealing with your ex-spouse about visitation with your child can be especially difficult during the holidays. It is important to communicate with your ex about the plan for visitation in advance. The sooner you communicate and work out a schedule, the better. In most cases, you will have a Parenting Plan or Visitation Agreement regarding visitation with your child. This Plan will include a schedule for how to manage visitation for the holidays. If you do not have this schedule already written, or if either of you want to change it, you will both need to work out a new plan. It is important to be clear about where your child will be during the holidays and who is responsible for transporting your child to and from the visitation.     If your child is age appropriate, you should also make the schedule clear to your child well in advance. Communication is the key to a smooth holiday visitation.

Do I Need a Legal Separation?

No. The difference between legal separation and divorce often comes up in family law, and the difference is quite simple. In a legal separation the parties are still married.   "A divorce ends your marriage. After you get divorced, you will be single, and you can marry again.”   www.georgiacourts.org The Georgia Courts do allow for a type of action similar to legal separation called separate maintenance. "A party who wishes to live apart permanently, but who does not want to get a divorce, may file a separate maintenance action. The spouses will remain legally married although living apart." www.gabar.org You do not need a separate maintenance action to move forward with a divorce in Georgia. Some people chose a separate maintenance action due to religious, emotional, or financial reasons.  The legal process for a separate maintenance and an uncontested divorce in Georgia is very similar, so unless both people feel strongly about the separate maintena

Contested or Uncontested Divorce?

I recently received the following email from a concerned grandfather who, like many, paid for a complicated divorce when it may not have been necessary: “The case began when my daughter and grand kids arrived at my home leaving her husband in another state. They had no assets and the reason left no option but divorce. He was a stay at home dad and pleaded ‘no money’ to help with legal or other expenses but agreed the divorce was necessary. He soon moved to Atlanta with the help of his parents. My daughter quickly started a new job. I contacted Christine but was referred to a high profile attorney and paid the firm $5,000 to begin the process then stepped aside and let all bills be mailed to my daughter who had moved to her new residence.  I gave them no specifications or budget. Soon I was hearing about interviews and negotiations. I learned he had to sign an agreement or go to court. So in my mind, they were preparing a divorce to his specifications. My daughter delivered t