FAQs

Do you charge for office consultations?

Yes. We provide substantial and valuable information during an initial consultation. As such, Ashley charges at her hourly rate (375/hr) for that service.

What happens during my initial consultation?

During our initial meeting, you will share the details of your circumstances so that we can determine the general scope and challenges of your situation. We will provide you with detailed information on Georgia law and how it applies to your case. Your initial consultation will help us get to know one another and build rapport. It is essential that you have a sense of comfort with the attorney you choose to represent you.

Before your consultation, think about your concerns and goals related to your family law matter. This will help us determine the next best steps for you. The more prepared you are, the more productive our consultation will be.

How long will the initial consultation take?

Initial consultations typically last 1 hour, but can otherwise generally take anywhere from 30 minutes to 2 hours.

How long will it take to complete my case?

The length of time it takes to complete a case depends on several circumstances including the issues involved in your case, the mindset of the opposing party and his or her counsel and even the county in which your case is filed. As we become familiar with the details of your situation, we will be better able to predict a timeline for the duration of the case.

What is the average cost for representation?

The cost of each case is different. The total cost of your fees will be determined according to the time and resources necessary to ensure the goals for your case are met. Factors such as the number and complexity of the issues will influence the amount of time needed. There are also mandatory charges such as court filing fees. We will discuss costs in detail during your initial consultation. You will be asked to pay an initial retainer, which will be deposited into a trust account and applied to fees and costs as they are earned or used. Every month we will send you an itemized billing statement so you know where you stand financially with the firm.

What documents do you need to assess my case?

Unless otherwise asked, you do not need to bring anything with you to the initial consultation. However, if you have previous court orders or have signed a pre-nuptial or postnuptial agreement, it will be helpful for us to review those documents during or even before the consultation.

I just got served divorce papers! Now, what?

There is a small window of time to respond to any Petition/Complaint. You should contact an experienced family law attorney as soon as possible after being served to schedule a consultation to discuss your options.

What if I don't want a divorce?

Divorce is a highly emotional process. Frequently an individual may be psychologically or otherwise unprepared for divorce when his or her spouse files the case. Sometimes the person who files for divorce has had years to work through his or her emotional issues by the time of filing. The other spouse, in contrast, may be totally unprepared for the proceeding and may want to stop or prevent the divorce from moving forward. While we can reach out to the other party/opposing counsel to see if he or she is willing to consider counseling or avenues other than divorce, generally speaking, once a spouse has filed for divorce and served the other spouse, there is little the other party can do to stop the process from moving forward.

Can I work out settlement directly with my spouse?

Nothing prohibits you from talking directly with your spouse concerning settlement. However, depending on the dynamic between you and your spouse, we may caution against this. If you do reach a settlement you consider to be fair, tell your spouse that you will need to speak with your attorney about the settlement before committing to it completely. Your spouse may try to dissuade you from talking to an attorney. In that case, it is especially important that you speak to an attorney before agreeing to anything with your spouse.

Do I really need an attorney to handle my case?

Typically, yes. It is best to have an attorney represent you, if at all possible. We advise you to at least consult with an attorney before ever deciding to represent yourself. If you are unable to afford an attorney, you should contact Atlanta Legal Aid or Atlanta Volunteer Lawyers Foundation to see if you qualify for their services.

What should I look for when hiring an attorney?

Select an attorney with experience in family law, and who focuses their legal practice on representing family law clients. Select an attorney with a history of getting results their clients want. Select an attorney that listens to you when you speak, and understands what you want. Interview your potential attorney, and make certain you are comfortable with him or her. Your personal comfort level with the attorney leads to a better working relationship and a better result in your case. Family law issues generally necessitate a close working relationship for many months. You need an attorney who you can trust and rely upon.

Can one attorney represent both parties?

No. There is an inherent conflict of interest in family law cases which makes it unethical for one attorney to represent both parties.

Does it matter who files first?

It depends. If you and your spouse both file a divorce case, generally, the case that was filed first will be the case that moves forward. Additionally, the party who files first is called the "Plaintiff" and has the opportunity to speak first and last should the case go to trial. However, many cases settle prior to going to trial, so depending on the nature of your case, this may not be a sufficient reason for you to be concerned with filing first.

How much child support will I pay?

Georgia has adopted official Child Support Guidelines, which establishes the method for calculating child support in each case. These guidelines are designed to provide consistency and predictability in child support cases.

Child support is calculated using a Child Support Worksheet. The major factors that are considered when determining child support include each party’s income, the cost of health insurance for the child and any childcare expenses. Depending on the circumstances, extracurricular activities, extraordinary medical and educational expenses and even the amount of time spent with each parent, may have an impact on the amount of child support. The court or parties may deviate from the presumptive amount of child support as stated on the Child Support Worksheet so long as there are specific reasons for doing so and the Court finds such deviation to be in the child's best interest.

Can child support be changed?

Once an order of child support is issued, it can only be changed through a modification action and subsequent court order modifying the support. This involves filing a petition to modify child support with the Court.

How is alimony or spousal support determined?

There is no set formula for establishing the amount of spousal support/alimony. While each judge has discretion to determine the amount of the award, the Court generally takes into consideration the need of the spouse requesting support and the ability of the other party to pay. Other factors for the judge to consider when determining alimony are: the standard of living established during the marriage; the duration of the marriage; the age and the physical and emotional condition of both parties; where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment and the contribution of each party to the marriage.

If there is a significant disparity between you and your spouse regarding income, employment history and ability to work, we highly suggest you hire a lawyer to assist in determining the need for spousal support.

What’s the difference - physical vs. legal custody?

Legal custody involves the decision-making responsibilities associated with a child’s education, extracurricular activities, non-emergency healthcare and religious upbringing. Physical custody refers to where the child lives day-to-day. A parent that has more than 50% of the time with their child is the primary physical custodian and has "primary custody" of the child. The other parent would be considered the non-custodial parent. In a joint custody situation, parents typically share legal custody and split physical custody with one parent having 50% of the time with the child and the other parent having 50% of the time with the child.