Divorce

Marriage is a civil contract that the state has an interest in preserving. Accordingly, the marriage relationship may be dissolved only as provided by law through (1) a divorce or (2) an annulment; or altered by (3) a decree of separate maintenance granted by our courts. Mr. Casey limits his divorce practice to only (1) Divorce.  In any case, there must be a proceeding in the superior court of the county in which the defendant resides (or the county where the parties resided during the marriage if the defendant left the county within six months before filing) and the person seeking the divorce must prove grounds for divorce (valid reasons prescribed by law).

What are the grounds for divorce in Georgia?  In Georgia there are 13 grounds for divorce. One ground is irretrievably broken (sometimes referred to as the no-fault ground). The other 12 grounds for divorce in Georgia are fault grounds.

What is a no-fault divorce?  To obtain a divorce on this basis (irretrievably broken), one party must establish that he or she refuses to live with the other spouse and that there is no hope of reconciliation. It is not necessary for both parties to agree the marriage is irretrievably broken. Also, it is not necessary to show that there was any fault or wrongdoing by either party.

What are the fault grounds? To obtain a divorce on one of the 12 fault grounds, one must prove that there was some wrongdoing by one of the parties to the marriage.

As an example, one fault ground is adultery. Adultery in Georgia includes heterosexual and homosexual relations between one spouse and another individual.

Another fault ground for divorce in Georgia is desertion. A divorce may be granted on the grounds that a person has deserted his or her spouse willfully for at least one year. Other fault grounds include mental or physical abuse, marriage between persons who are too closely related, mental incapacity at the time of marriage, impotency at the time of marriage, force or fraud in obtaining the marriage, pregnancy of the wife unknown to the husband at the time of the marriage, conviction and imprisonment for certain crimes, habitual intoxication or drug addiction and mental illness.

How does one file for a divorce? The person seeking the divorce (the plaintiff) will file a document called a complaint with the appropriate superior court. This complaint includes information on the marriage including present living arrangements, children of the marriage, assets, debts and the specific grounds on which he or she is seeking the divorce. A copy of the complaint will be served on the other spouse (the defendant) by the sheriff, unless the defendant chooses to acknowledge service by law.

1. Types of Divorce ~ Divorce falls into two categories, Uncontested or Contested.

Uncontested ~  This is where you are your spouse have agreed to everything and the both of you will sign all the documents to resolve this matter;  or

Contested ~  This is where you and your spouse are arguing over one or more "issues" (such as custody, support, furniture and so forth) and cannot resolve them.  In this situation you will probable have a trial and a Judge will tell you how those issues are resolved.  You are stuck with the Judges decision, unless you appeal.

2. Some Required Items ~ Regardless of the type of divorce, you may still be required to complete a few items, such as:

If you have children of this marriage you must take a "Seminar for Divorcing Parents".  This is offered through the County and the pamphlets will be sent to you upon filing of the divorce.  There is a fee charged (generally less than $50.00) which you must pay to the Court.

You will also be responsible for "Costs".  Examples of these expenses are filing fees, sheriff service fees, mileage, photocopying, deposition charges and so forth.  Basic fees will be listed in each type of divorce.

An Uncontested Divorce is where both you and your spouse agree to everything. You don't want to fight it out, you just want to resolve the situation and move on in your life.

If you and your spouse agree to ALL the terms of the divorce and you both sign the papers saying you agree to the divorce; or your spouse vanishes and you really don't know where he or she is, then you can proceed with an Uncontested Divorce

The price for an Uncontested Divorce varies, depending on the circumstances. Basically, Mr. Casey's fee is $750.00* if no children involved, $1,500.00 if children are involved, plus Costs.

A Contested Divorce is quite an ordeal.  It requires a lot of your time, effort, money and emotion.  To get the actual termination of the marriage is easy, it's dividing up the property and support issues cause the most problems.  

To begin with, you will need to prepare a "Financial Affidavit", compile and complete "Interrogatories" (written questions), "Request for Production of Documents" (items which you must produce copies of) and possibly a deposition (questions out of Court, but in front of a court reporter that you swear are true).  To get a jump on things, please go to the Forms Page and all the items in the Divorce Section (you will need Adobe Acrobat).

FORMS Because a Contested Divorce is so unique and different in each and every case, Mr. Casey can not set a "Flat Price" for your divorce. Generally speaking, he charges per item for each item that is required in your matter with a $2,500.00* retainer (down payment) that is non-refundable, plus Costs.

Contested Divorces can cost as little or as much as you want to spend. The more you or your spouse want to be aggressive, argumentative, concealing, mean and/or want to "Get Even", will dictate how much your Divorce will cost.  Remember, no one wins in a divorce, its a matter of cutting loses.

Billing* - Mr. Casey charges differently than most other attorneys, he charges by the item, not by the hour.  This means there is a list or menu of services with a cost associated with each item.  An example would be if you telephone his office and speak with his assistant it is one fee, but if you insist on speaking with Mr. Casey it is a higher fee.  The list or menu is agreed upon prior to Mr. Casey being retained.

Mr. Casey also bills periodically, once a month or when the bill exceeds a certain amount (depending on circumstances) and that bill must be paid within 20 days.

Mr. Casey only represents average Georgians, not those with a lot of assets or high incomes or "Large Estates".

Costs are amounts that are generally paid to others and will vary depending on which county the Divorce is filed. 

Uncontested:

$85.00 Filing Fee

$25.00 Misc. Fee

Contested:

$85.00 Filing Fee

$25.00 Misc. Fee

$25.00 Service Fee

And, any additional fees such as Deposition fees, Court Reporter at any hearings, Private Investigator fees, CPA fees and so forth will be additional amounts.

Divorce Worksheet

Financial Affidavit Worksheet

Sample Interrogatories

Sample Request for Production of Documents

Fulton County Forms (Only used in divorces that are in Fulton County):

Financial Affidavit

Interrogatories

Request for Production of Documents

*Fees are subject to change without notice or change to this page.  Fees may also vary due to the uniqueness of your matter.  It is important that you speak with Mr. Casey to get an exact amount for the cost of your matter.

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