Full Service vs. Ala Carte Legal Services – Which May Be Right for You?

May 20th, 2011

There are two approaches you might consider when choosing representation for a divorce case in Georgia. Many attorneys provide full-service representation, handling every aspect of your case from start to finish. There is no doubt that your interests are best protected with full-service representation. The investment you make now in legal representation could very likely save you tens of thousands of dollars in the future.

This is especially true in more complex circumstances, such as when substantial assets are at stake; when custody of minor children is being disputed; if you or your spouse own a business, received an inheritance, or have pension plans, retirement accounts or other investments. An attorney with specialized experience in these area will be able to address the complications that may arise and negotiate a more equitable agreement for you.

For some people, however, the costs involved may seem prohibitive. To address this issue, ala carte services were introduced. Some lawyers will agree to represent you on a limited basis, handling only those services you require. The American Bar Association recognized the benefit of unbundled services in response to the rise in pro se litigation. When people attempt to represent themselves, their limited understanding of court procedures and of their rights under family law often put them at a disadvantage. Unbundled services provide much-needed assistance at an affordable cost.

If you cannot afford full representation, your interests will be far better served and your outcome more successful by using unbundled services rather than handling the case on your own. At the very least, invest in a consultation with a limited scope attorney before taking any action. He or she can offer advice, suggest issues of which you were not aware, and point out any disadvantages or risks in the course you intend to follow.

Limited scope attorneys can also assist you with specific issues or limited actions. You might choose to hire an attorney to prepare documentation, for example, or to assist you in filing a motion related to one particular issue.

Until recently, the concept of ala carte legal services was highly debated. While some experts felt the practice offered a benefit to those of limited means, others questioned the worth of limited representation. However, after careful and lengthy study, the American Bar Association deemed that limited scope assistance restore justice to a great many people who need legal services.

The McLeod Law Firm, P.C. provides quality legal representation for divorce, criminal law, business litigation and civil litigation across North Georgia including Hall County: Clermont, Flowery Branch, Gainesville, Lula, Murrayville, and Oakwood; Banks County: Gillsville, Homer, Maysville, and Commerce; Barrow County: Winder; Dawson CountyDawsonville; Forsyth County: Cumming; Gwinnett County:Buford; White County: Cleveland and Helen; Lumpkin County: Dahlonega; Habersham County: Baldwin, Clarkesville, Cornelia and Demorest; Jackson County: Jefferson, Braselton, Hoschton, Pendergrass and Talmo, GA.

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Georgia Divorce Frequently Asked Questions

May 19th, 2011

How long does the divorce process take?

Answer: It depends on whether the divorce is fault-based or “no fault.”  After you file your papers, your spouse has 30 days to respond if he or she is a resident or lives in Georgia. Should you spouse live outside of Georgia the period to respond is 60 days and 90 days should your spouse reside outside the United States. A response to your request for divorce is also known as a Complaint.  Should your spouse not respond to the Complaint, the court will continue with the divorce process as long as long as the legal process is completed correctly.
Can one attorney represent both spouses if the divorce is uncontested in Georgia?

Answer: A firm cannot represent both parties in a divorce because it creates a conflict of interest. If both spouses have truly reached an agreement on all issues, the firm could represent one spouse and prepare all of the necessary paperwork including the agreement. The unrepresented party should be mindful, however, that if the agreement broke down, the lawyer can only represent that one party in court.

How much does a divorce  usually cost in Georgia?

Answer: Because each divorce has unique circumstances, there is no way to give a fully accurate estimate. There are two major types of costs: filing fees and attorneys’ fees. Filing fees vary in each county, and that cost may not include service of process or other court costs. Attorney’s fees vary, depending on the rates charged by the individual attorney and how intricate the case is. An uncontested divorce is generally much less expensive. A contested divorce is more difficult and involves more work. The attorney handling the divorce will outline all of the costs involved in the legal services contract.

What is the process if we settle our divorce?

Answer: If the parties choose to settle their divorce, they must sign a notarized marital settlement agreement. The marital settlement agreement must:
(1) Specifically refer to the pending divorce by stating the docket number and court name, or
(2) Affirm that the Defendant recognizes the divorce will be filed in Tennessee; and
(3) Include a waiver from the Defendant of service of process and of filing an answer.

Any waiver of service is valid for 120 days after the Defendant signs the agreement, and this will give the court jurisdiction over the parties. Once an agreement is signed and filed with the court, a final decree of divorce may be entered by the court without the need of further proof or testimony by either party. (Note: The divorce petition must have been filed for 60 days before a hearing can be held if no children are involved and 90 days if the parties have children.)

What if my spouse doesn’t respond to the complaint?

Answer: A default divorce can be entered when the spouse who has been served with divorce pleadings fails to respond to the pleadings within the required time (usually 30 days). That spouse is deemed to have defaulted on the case. The spouse who filed for divorce can then be awarded whatever relief he or she requested in the original pleadings.

Can I return to my maiden name?

Answer: A wife may request to return to her maiden or former name. The Court can include such a provision as long as it is specifically requested by the wife.

The McLeod Law Firm, P.C. provides quality legal representation for its clients across North Georgia including Hall County: Clermont, Flowery Branch, Gainesville, Lula, Murrayville, and Oakwood; Banks County: Gillsville, Homer, Maysville, and Commerce; Barrow County: Winder; Dawson CountyDawsonville; Forsyth County: Cumming; Gwinnett County: Buford; White County: Cleveland and Helen; Lumpkin County: Dahlonega; Habersham County: Baldwin, Clarkesville, Cornelia and Demorest; Jackson County: Jefferson, Braselton, Hoschton, Pendergrass and Talmo, GA.

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Welcome To Our Law Blog

April 5th, 2011

Welcome to WordPress. This is your first post. Edit or delete it, then start blogging!

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