Saturday, September 25, 2010

So how much does it cost to have a contested divorce?

     I don’t know.  How much does it cost to fight a war?  Is this going to be a small war like the invasion of Grenada?  Or is this more on the scale of WW2?  Do you have the assets to support a major war?  Or are you looking at a small, limited objective African bush war?  More importantly, is this war necessary?  War by its very nature demands the destruction of property and the mangling of lives.  Can’t you both just get along?  Well . . . at least long enough to work out the terms of getting this divorce done.  You may think that divorce attorneys salivate over a good fight, and they do, but not when you want to re-fight the battle of Normandy on a battle of San Juan Hill budget.
     Then, you think, I’ll just do it myself!  No-one can fight as hard as I can for my kids and my house and my 401(k)!  Those damn lawyers don’t know what they are doing, arguing about marital versus separate property when I really just need to tell the judge what a horrible person s/he is!  My personal story of woe will break the judge’s heart, and the judge will get so mad at him/her that the judge will give me everything and probably have him/her locked up! 
     Well, the truth is that the judge has probably heard before absolutely everything you are going to say, and your righteous indignation is not going to be the primary issue before the court.  Read the second half of this post regarding the judge’s inner tears for your situation.
     Granted, sometimes a nasty, contested divorce is inevitable.  No matter how reasonable you are, the other party may not be.  A good Georgia family lawyer will identify your rights, and let you know what issues you can not only fight about, but actually win.

How is this going to be decided?
     Well, first of all, what needs to be decided?  Child custody, personal property, real property, marital and personal debts and assets are a good general start.  Contesting some things are going to be harder than contesting other things.  Property issues are generally decided on the principle of equitable division, and custody issues are generally decided on the principle of “best interests of the child.”  What those principles are and how they are applied is a whole ‘nother discussion.  Just remember, that while this divorce process is going to be a horrible rotten process, you need to keep your head and remember that the criminal code is still in force.  You can’t get physical with the spouse, and you can’t grab the kids and run to Montana. If you do, you are like going to need to call a Georgia criminal defense attorney.

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