He is active duty Army, out of state. I reside in GA. We have no shared property and no children. I also have no savings, thanks to him, so I am attempting to file for divorce as inexpensively as possible so I may move forward with my life.
When I spoke with the court system here, they advised me to visit the website http://www.icandocs.org/ to proceed with a divorce on my own. Is this advisable? Do I need to go through an attorney to file for divorce? Is there any way to recoup my financial losses caused by him (his high balances on my credit cards and my half of the tax refund which he refused to give me) in the divorce process, or does that push beyond the limitations of an uncontested divorce?
Thanks to mostly everybody for your replies. Perhaps I should have been more clear, though I was warned by this site to avoid including personal information: the credit cards are unfortunately solely in my name. I allowed him to use them, and he maxed out two before I canceled them. He continued to ask for money to repair his vehicle, and the marriage went south when I denied the funds. The upshot is this: I am not filing for a contested divorce. I am not muddling through the court systems for months or beyond, blowing money on court and attorney fees to recover money from him that I may never see anyway; I am choosing my battles, yes. If recovering the funds is a civil court issue, so be it, but I have no plans to file a contested divorce.
Divorce / Separation Lawyer
In an "uncontested" divorce, not only do the parties agree that there is going to be a divorce but they are also able to (after some negotiation) agree to the details of a Settlement Agreement. Then, once the Settlement Agreement is signed by both parties the case is filed with the clerk of court. The website that you mention MAY be adequate for you to prepare the documents and then you file them with the Clerk as a pro se (for yourself) party and represent yourself with the court. Technically, you do not need an attorney for any of this. But, to make sure that you are getting a reasonable settlement, it would be wise to confer with an attorney. Perhaps, you will also find that it is easier to get an attorney to file the case for you and move it through the court for you to completion. It can be very frustrating for a non-attorney to try to do this because the procedures are somewhat demanding and neither the clerk nor the court can provide advice to you or coach you through the system. Regardless of whether you use an attorney, you must pay the filing fee (around $200 - 220 - depending on your county). For uncontested cases such as yours, our flat fee is $389.00 so you can probably get the case done with an attorney for no more than around $600. So, I recommend that you get an attorney but, if the two of you can cooperate well enough, I really do not think that you should have to pay a great deal for the entire process.
1 found this helpful
2 lawyers agree
Criminal Defense Attorney
It appears that there are some unresloved issues of the marriage. Therefore, it is not an uncontested divorce. You need to retain an attorney. We provide free telephone consultation.
Darrell B. Reynolds, Sr.
Attorney and Counselor at Law
"Love all, trust a few, do wrong to none."
- William Shakespeare
NOTICE – 1) This email does not create an attorney/client relationship. In order to create an attorney/client relationship with this office it is necessary to enter into a written contract agreed to by both parties. 2) This email is intended only for the person(s) listed in the To: and CC: lines. It is not intended for anyone else and any reliance upon this email by other parties is at their own peril. 3) This e-mail, and all attachments transmitted with it, may contain confidential, proprietary, or legally privileged information that is intended solely for the individual(s) or entity(ies) to which it is addressed. If you are not an intended recipient, then you are not authorized to read, distribute, copy, or otherwise use any or all portions of this e-mail or any attachment. If you have received this e-mail in error, please notify the sender immediately by e-mail or by telephone at 1-404-636-6616, and delete all copies of this e-mail. Thank you.
Divorce / Separation Lawyer
First of all, you have mentioned unresolved financial issues, which make the case contested. Seeking anything that is not agreed to in writing is the opposite of an uncontested case.
While one Georgia court has helped fund the California site you mention, divorces with forms, even if uncontested, and always if contested, often go badly. The very site that you mention warns NOT to file paperwork you do on the site if you have any questions, and obviously you have some.
An uncontested divorce can be had from some lawyers for a very small amount and it would be smart to talk to a lawyer rather than hope forms work out.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at firstname.lastname@example.org . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
3 lawyers agree