We created this quick breakdown of the most frequently asked questions regarding divorce to help folks navigate this complex process. Our firm is dedicated to providing quality family law legal services where no stone is left unturned. Read ahead or check out Atlanta Family Law Attorney Joy Edwards go through the questions our firm gets the most regarding divorce.
How Soon Can I Get Divorced?
One of the most frequently asked questions we get is, how soon can I get divorced? A lot of times people have been waiting for a while, thinking about it for a while and they just want to be done. The short answer is, according to the law, the 32nd day after the defendant is served with the divorce petition is the soonest you can get divorced. The realistic answer is that you should probably plan, even if it’s uncontested, somewhere between 30 and 60 days for an uncontested, a whole lot longer if you’re arguing about issues of custody, child support, or asset division.
We do the best we can to make sure that you move through the process as quickly as we can move you through the process, while making sure everything gets taken care of the right way. That’s what you should be concerned with.
Realistically, you should probably plan for somewhere between 60 to 90 days, even for an uncontested divorce. Once you start talking about issues with child custody, child support, asset division, debt division, you’re probably looking at upwards of six months.
Why a Parenting Plan matters for divorce
Another question that we hear a lot is, why do we have to actually write out any kind of parenting plan for the kids? Why can’t we just talk amongst ourselves and we’ll agree who has the kids when? Well, the court wants something more concrete than that. It’s actually to your benefit that you have a very precise parenting plan. You’re getting divorced because you and your spouse don’t agree about everything, right? So what’s going to happen if you don’t have something written out for who has the kids at a specific time and the two of you don’t agree? Then you’re in some weird kind of limbo where you want the kids, they’re saying no, and you end up with a fight and the court doesn’t have a piece of paper that says, this is when the children are supposed to be with this person.
What happens to the house’s equity?
One of the questions that we get a lot is, what happens to the equity in the house? That can go several different ways. If the marital residents was purchased during the marriage, both parties are usually entitled to some portion of the equity in the house. How that’s divided is something that we take the time to go through with our clients on a case-by-case basis. It might be that you are the one paying the equity to the other party, or it may be that you are the one receiving equity, either ways, it’s super important that your divorce documents have very specific timelines with when that payout needs to happen.
When can I start dating again?
The last question I’m going to cover with you, that we get a lot in the office is, when can I start dating again? The short answer is, just wait for the divorce to be final. I know, I know, you’ve been thinking about divorce for a while. You finally pulled the trigger, you are ready, the paperwork is filed and you want to get out there and spread your wings. Just hold on. It’ll happen. Let’s get through the divorce process. Let the judge put his stamp of approval on it, and then you’re free to do whatever you want.
Our Family Law Firm’s Goal
Our goal is to get you through the process as quickly as possible, but still making sure that all of your issues are taken care of properly because that’s what’s most important. Not just that you are divorced quickly, but that you are divorced correctly.
Those are just a few of the most frequently asked questions about divorce that we get when folks call our office. No two divorces are the same. Yours is different. It may have similar properties to someone else’s divorce, but we pride ourselves at the Edwards Law Group, in giving our clients advice specific to their situation. So pick up the phone, give us a call. We take on the ugly in your divorce, so you don’t have to.