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Divorce Process Delays Explained
Summary
Divorce proceedings can be prolonged due to disputes over asset division, child custody, or court backlogs. In Georgia, alimony is determined by factors like the standard of living during the marriage, duration, and financial resources. If both parties have similar incomes and assets, alimony claims may be weak. Equitable asset division aims for fairness, not equality. If financial documents are withheld, a motion to compel can be filed. Evidence and documentation are crucial, and legal representation is essential. Character letters can be introduced at hearings, and undisclosed evidence can be objected to. Concerns about lawyer communication should be addressed directly.Full Conversation
My spouse filed for divorce, no fault, in *...19 months later we are still going through the process.
Hi ****! Divorce can be a lengthy process. Here are a few reasons why a divorce might be taking longer:
- Disputes over asset division
- Child custody disagreements
- Court backlogs
Do you have any specific issues or questions about your divorce process that you'd like assistance with?
- Disputes over asset division
- Child custody disagreements
- Court backlogs
Do you have any specific issues or questions about your divorce process that you'd like assistance with?
Yes, is my spouse entitled to alimony? We are 16 days from the hearing and now she is petitioning for alimony as the economically disadvantaged spouse.
Hey ****! In Georgia, the court considers several factors when determining alimony:
- Standard of living during the marriage
- Duration of the marriage
- Age and physical/emotional condition of both parties
- Financial resources of each party
- Contributions to the marriage
Do you know if your spouse has a significantly lower income or is unable to support themselves?
- Standard of living during the marriage
- Duration of the marriage
- Age and physical/emotional condition of both parties
- Financial resources of each party
- Contributions to the marriage
Do you know if your spouse has a significantly lower income or is unable to support themselves?
She does not. We make the same amount of money, have the same teacher retirement, and she has a side business.
Case Rating: *
Hey ****! Given that you both have similar incomes, retirement, and she has a side business, it might be challenging for her to prove she's economically disadvantaged. Courts look at overall financial circumstances, so her petition might not be strong without significant evidence.
Would you like more information or assistance with your case?
Hey ****! Given that you both have similar incomes, retirement, and she has a side business, it might be challenging for her to prove she's economically disadvantaged. Courts look at overall financial circumstances, so her petition might not be strong without significant evidence.
Would you like more information or assistance with your case?
Yes, I have a few additional questions.
Case Rating: *
Sure, ****! Feel free to ask your additional questions, and I'll do my best to provide you with the information you need.
Sure, ****! Feel free to ask your additional questions, and I'll do my best to provide you with the information you need.
So I refused to sign the MDA because there was a significant amount of difference between the two real properties.
Case Rating: *
Hey ****! It's understandable that you'd be concerned about significant differences in property values. In Georgia, asset division aims to be equitable. This doesn't always mean equal, but fair. If there's a disparity in property values, the court might adjust other assets to balance it out.
Would you like to know more about how property division works or have more specific questions?
Hey ****! It's understandable that you'd be concerned about significant differences in property values. In Georgia, asset division aims to be equitable. This doesn't always mean equal, but fair. If there's a disparity in property values, the court might adjust other assets to balance it out.
Would you like to know more about how property division works or have more specific questions?
So far, I have paid all the bills since * with no help from her. She remains in the house and I am effectively homeless.
Case Rating: *
Hi ****, it sounds like you have a complex situation with multiple aspects to consider. Here are a few important points regarding your situation:
- Asset Division in Georgia: The court aims for equitable distribution, which means fair but not necessarily equal.
- Alimony: Given your similar financial circumstances, her claim for alimony may not be strong.
Considering your situation, I have a question that might help clarify further. Have you documented all the payments you’ve made towards bills and property expenses since *?
Hi ****, it sounds like you have a complex situation with multiple aspects to consider. Here are a few important points regarding your situation:
- Asset Division in Georgia: The court aims for equitable distribution, which means fair but not necessarily equal.
- Alimony: Given your similar financial circumstances, her claim for alimony may not be strong.
Considering your situation, I have a question that might help clarify further. Have you documented all the payments you’ve made towards bills and property expenses since *?
Yes, I have been extremely thorough. To date, I have paid joint bills and mortgages amounting to $*,*.*.
Case Rating: *
Hey ****, it's great that you've documented all your payments. This can be very useful in court to show your contributions. Given the complexity, it might be beneficial to consult a lawyer to ensure your interests are fully protected. Would you like more information on a specific aspect of your case?
Hey ****, it's great that you've documented all your payments. This can be very useful in court to show your contributions. Given the complexity, it might be beneficial to consult a lawyer to ensure your interests are fully protected. Would you like more information on a specific aspect of your case?
I have legal representation.
Case Rating: *
Hey ****, since you already have legal representation and have documented your payments thoroughly, you seem well-prepared. Given the complexities, it's good to keep working closely with your lawyer to ensure all aspects of your case are covered. If you need more specific legal advice, your lawyer will be the best person to assist you. Good luck!
Hey ****, since you already have legal representation and have documented your payments thoroughly, you seem well-prepared. Given the complexities, it's good to keep working closely with your lawyer to ensure all aspects of your case are covered. If you need more specific legal advice, your lawyer will be the best person to assist you. Good luck!
I do have a few more questions.
Case Rating: *
Hey ****! Sure, go ahead with your additional questions. I'll do my best to help you out.
Hey ****! Sure, go ahead with your additional questions. I'll do my best to help you out.
Though she filed as a no-fault divorce, all that changed when I stood my ground. She has since made false allegations about infidelity and abuse. As well, she locked me out of the residence. I have stayed professional and peaceful, but this has been very stressful.
Case Rating: *
Hey ****, it seems like you’re dealing with a very stressful situation. Here are a few points to consider:
- False Allegations: Document all interactions and gather evidence to refute the false claims.
- Locked Out: You may need to file a motion to gain access to the property.
Would you like more information on how to handle these specific issues?
Hey ****, it seems like you’re dealing with a very stressful situation. Here are a few points to consider:
- False Allegations: Document all interactions and gather evidence to refute the false claims.
- Locked Out: You may need to file a motion to gain access to the property.
Would you like more information on how to handle these specific issues?
Not at the moment. We sent over evidence and I have significant evidence showing she was engaged in infidelity.
Case Rating: *
Hey ****, it looks like you're handling the situation quite well with your legal representation and evidence. Here are a few points to keep in mind:
- Infidelity Evidence: Continue to gather and present all evidence. It might not impact the no-fault divorce directly, but could influence other aspects like alimony.
- False Allegations: Keep documenting everything, including any witnesses who can vouch for your character.
If you have any more questions or need specific information, feel free to ask!
Hey ****, it looks like you're handling the situation quite well with your legal representation and evidence. Here are a few points to keep in mind:
- Infidelity Evidence: Continue to gather and present all evidence. It might not impact the no-fault divorce directly, but could influence other aspects like alimony.
- False Allegations: Keep documenting everything, including any witnesses who can vouch for your character.
If you have any more questions or need specific information, feel free to ask!
I have a good lawyer, but he often does not respond to emails and phone calls. Is this normal?
Case Rating: *
Hey ****, it's not uncommon for lawyers to be busy, but they should still respond to your communications within a reasonable time. If this is a consistent issue, you might consider addressing it directly with your lawyer or seeking a second opinion. Would you like more information on how to address communication issues with your lawyer?
Hey ****, it's not uncommon for lawyers to be busy, but they should still respond to your communications within a reasonable time. If this is a consistent issue, you might consider addressing it directly with your lawyer or seeking a second opinion. Would you like more information on how to address communication issues with your lawyer?
Yes, please.
Case Rating: *
Hey ****, here are some steps you can take to address communication issues with your lawyer:
- Set Clear Expectations: Schedule a meeting to discuss your concerns and set clear expectations for communication.
- Follow-Up: Send a follow-up email or call if you don't get a response within a reasonable time.
- Consider a Second Opinion: If issues persist, you might want to consult another lawyer for a second opinion.
Would you like to know more about a specific step or have another question?
Hey ****, here are some steps you can take to address communication issues with your lawyer:
- Set Clear Expectations: Schedule a meeting to discuss your concerns and set clear expectations for communication.
- Follow-Up: Send a follow-up email or call if you don't get a response within a reasonable time.
- Consider a Second Opinion: If issues persist, you might want to consult another lawyer for a second opinion.
Would you like to know more about a specific step or have another question?
How do I best deal with a spiteful spouse. She remains difficult through these proceedings. We were married 24 years. I just don't get it.
Case Rating: *
Hey ****! Dealing with a spiteful spouse in a divorce can be tough. Here are some tips to manage the situation:
- Stay Calm: Always maintain your composure.
- Document Everything: Keep detailed records of interactions and incidents.
- Communicate Through Lawyers: Limit direct interaction and let your lawyer handle communications.
- Seek Support: Lean on friends, family, or a counselor for support.
Would you like more detailed information on any of these points?
Hey ****! Dealing with a spiteful spouse in a divorce can be tough. Here are some tips to manage the situation:
- Stay Calm: Always maintain your composure.
- Document Everything: Keep detailed records of interactions and incidents.
- Communicate Through Lawyers: Limit direct interaction and let your lawyer handle communications.
- Seek Support: Lean on friends, family, or a counselor for support.
Would you like more detailed information on any of these points?
I have done these things. I paid for the property appraisals. Mediation. The mortgages. I feel she is trying to financially ruin me.
Case Rating: *
Hey ****, it sounds like you're dealing with a very challenging situation. It's great that you've taken proactive steps. Given the financial strain and ongoing issues, it might be beneficial to keep documenting everything meticulously and ensure your lawyer is addressing all concerns.
If you have any specific questions or need more detailed information about a particular aspect, feel free to ask!
Hey ****, it sounds like you're dealing with a very challenging situation. It's great that you've taken proactive steps. Given the financial strain and ongoing issues, it might be beneficial to keep documenting everything meticulously and ensure your lawyer is addressing all concerns.
If you have any specific questions or need more detailed information about a particular aspect, feel free to ask!
If she will not provide her financial documents, do I have recourse?
Case Rating: *
Hey ****! You may have recourse if your spouse refuses to provide financial documents. In Georgia, you can file a motion to compel if she is not complying with discovery requests. This will require her to provide the necessary financial documents. Do you need more information on how to file this motion?
Hey ****! You may have recourse if your spouse refuses to provide financial documents. In Georgia, you can file a motion to compel if she is not complying with discovery requests. This will require her to provide the necessary financial documents. Do you need more information on how to file this motion?
Not at this time.
Case Rating: *
Hey ****, it looks like you've been dealing with a tough and complicated situation. Given your thorough documentation and the complexity of your case, it sounds like you're on the right track with your current lawyer. If you need any more specific guidance or assistance in the future, feel free to reach out. Wishing you the best of luck with your case!
Hey ****, it looks like you've been dealing with a tough and complicated situation. Given your thorough documentation and the complexity of your case, it sounds like you're on the right track with your current lawyer. If you need any more specific guidance or assistance in the future, feel free to reach out. Wishing you the best of luck with your case!
One final thing...
Case Rating: *
Sure, ****. What else would you like to know?
Sure, ****. What else would you like to know?
I hired a vocational rehab expert to document both our earning capacities. Smart move?
Case Rating: *
Hey ****! Hiring a vocational rehab expert can be a smart move, especially if there's a dispute about earning capacities. This expert can provide an unbiased assessment, which can be useful in court. If you have any more questions or need specific information, feel free to ask!
Hey ****! Hiring a vocational rehab expert can be a smart move, especially if there's a dispute about earning capacities. This expert can provide an unbiased assessment, which can be useful in court. If you have any more questions or need specific information, feel free to ask!
In terms of witnesses, who are the most ideal witnesses to call during a divorce hearing?
Case Rating: *
Hey ****! Ideal witnesses for a divorce hearing in Georgia could include:
- Character witnesses (friends, family, colleagues)
- Financial experts (accountants, appraisers)
- Child custody evaluators (if applicable)
- Vocational experts (like the one you hired)
Would you like more details on any specific type of witness?
Hey ****! Ideal witnesses for a divorce hearing in Georgia could include:
- Character witnesses (friends, family, colleagues)
- Financial experts (accountants, appraisers)
- Child custody evaluators (if applicable)
- Vocational experts (like the one you hired)
Would you like more details on any specific type of witness?
Will the court accept character statements or letters?
Case Rating: *
Hey ****! Yes, Georgia courts generally accept character statements or letters as part of the evidence during a divorce hearing. These can be helpful in providing insight into your character and circumstances from the perspective of others. Ensure they are well-written and relevant to your case.
Hey ****! Yes, Georgia courts generally accept character statements or letters as part of the evidence during a divorce hearing. These can be helpful in providing insight into your character and circumstances from the perspective of others. Ensure they are well-written and relevant to your case.
Makes sense. Can I ask these people directly or does my lawyer do that?
Case Rating: *
Hey ****! Typically, your lawyer should handle contacting and preparing witnesses to ensure everything aligns with your legal strategy. However, you may suggest potential witnesses to your lawyer. If you have any more questions or need further guidance, feel free to ask!
Hey ****! Typically, your lawyer should handle contacting and preparing witnesses to ensure everything aligns with your legal strategy. However, you may suggest potential witnesses to your lawyer. If you have any more questions or need further guidance, feel free to ask!
Just curious, I see the Case Strength bar in the upper right leaning heavily red; can you explain this?
Case Rating: *
Hey ****! The Case Strength bar likely assesses the complexity and contentious nature of your divorce case. Given the length of your proceedings, disputes over assets, and false allegations, it indicates a challenging situation. You're doing well by documenting everything and having legal representation. If you have more questions, feel free to ask!
Hey ****! The Case Strength bar likely assesses the complexity and contentious nature of your divorce case. Given the length of your proceedings, disputes over assets, and false allegations, it indicates a challenging situation. You're doing well by documenting everything and having legal representation. If you have more questions, feel free to ask!
I will provide some numbers and you can tell me your thoughts...
Case Rating: *
Hey ****! Sure, please go ahead and provide the numbers you have, and I’ll offer my thoughts on them.
Hey ****! Sure, please go ahead and provide the numbers you have, and I’ll offer my thoughts on them.
In the initial MDA, she wanted the house and I would get the land, and I would move out in ten days. It was pretty abrupt.
Case Rating: *
Hey ****! It sounds like you're dealing with a complex situation. For equitable asset division, you might want to ensure that the overall value of the house and the land is balanced. Have you gotten recent appraisals for both properties?
Hey ****! It sounds like you're dealing with a complex situation. For equitable asset division, you might want to ensure that the overall value of the house and the land is balanced. Have you gotten recent appraisals for both properties?
Yes, which I paid for. The house was appraised at $*,* and the land at $*,*. She also took $*, * out of our joint accounts, leaving me with $*,*.
Case Rating: *
Hey ****, it seems like you’re dealing with a very intricate situation involving significant financial disparities. Here are some points to consider:
- Asset Division: The court aims for equitable distribution. Given the appraisal values, there’s a substantial difference between the house and the land.
- Joint Accounts: The withdrawal of $*,* by your spouse and leaving you with $*,* is another critical issue.
Would you like to be connected to local lawyers who can better assist you with your case?
Hey ****, it seems like you’re dealing with a very intricate situation involving significant financial disparities. Here are some points to consider:
- Asset Division: The court aims for equitable distribution. Given the appraisal values, there’s a substantial difference between the house and the land.
- Joint Accounts: The withdrawal of $*,* by your spouse and leaving you with $*,* is another critical issue.
Would you like to be connected to local lawyers who can better assist you with your case?
Not yet.
Case Rating: *
Hey ****, it sounds like you're handling a very complex and challenging situation. Given the significant financial disparities and the ongoing issues, it's important to keep working closely with your current legal representation and document everything meticulously. If you have any more specific questions or need further guidance, feel free to ask!
Hey ****, it sounds like you're handling a very complex and challenging situation. Given the significant financial disparities and the ongoing issues, it's important to keep working closely with your current legal representation and document everything meticulously. If you have any more specific questions or need further guidance, feel free to ask!
Considering the difference in the properties and the remaining mortgage amounts, the difference between the two properties is $*,*.
Case Rating: *
Hey ****, it seems like you have a significant difference in property values and remaining mortgage amounts. This disparity can be a critical point in the equitable division of assets. Do you have any specific questions about how to address this difference in your divorce proceedings?
Hey ****, it seems like you have a significant difference in property values and remaining mortgage amounts. This disparity can be a critical point in the equitable division of assets. Do you have any specific questions about how to address this difference in your divorce proceedings?
Yes, am I wrong to think that I am entitled to either a payout or buyout to level the financial distribution?
Case Rating: *
Hey ****! Given the significant difference in property values and the principles of equitable distribution in Georgia, it's reasonable to think you might be entitled to a payout or buyout to level the financial distribution. Have you discussed this specific aspect with your lawyer?
Hey ****! Given the significant difference in property values and the principles of equitable distribution in Georgia, it's reasonable to think you might be entitled to a payout or buyout to level the financial distribution. Have you discussed this specific aspect with your lawyer?
I have and he agrees. Further, she claimed that I have toys and collectibles from childhood that are worth $*,*. I had them appraised and they are only valued at $*,*.
Case Rating: *
Hey ****! It's great that you've had your collectibles appraised to establish their true value. This will be helpful in your case. It appears you're managing your documentation well and have a solid understanding of the financial aspects.
Do you have any specific questions about how to present this information to the court or any other concerns?
Hey ****! It's great that you've had your collectibles appraised to establish their true value. This will be helpful in your case. It appears you're managing your documentation well and have a solid understanding of the financial aspects.
Do you have any specific questions about how to present this information to the court or any other concerns?
Yes. My lawyer says we have to be targeted in our hearing. I have only been told we will tell the narrative of the marriage. This worries me. I prepared a lot of solid evidence and have paid a lot to prepare for the case.
Case Rating: *
Hey ****! It sounds like you're thoroughly prepared with evidence and documentation, which is excellent. Telling the narrative of your marriage can help provide context for the judge, but your solid evidence will also be crucial. Have you discussed how your evidence will be incorporated into your narrative during the hearing?
Hey ****! It sounds like you're thoroughly prepared with evidence and documentation, which is excellent. Telling the narrative of your marriage can help provide context for the judge, but your solid evidence will also be crucial. Have you discussed how your evidence will be incorporated into your narrative during the hearing?
I have asked, and my lawyer has not clarified this. He says the judge will not see the evidence prior to the hearing.
Case Rating: *
Hey ****! It’s understandable to be concerned about how your evidence will be presented. Typically, evidence isn't reviewed before the hearing, but it's crucial during the hearing. Make sure to discuss with your lawyer how the evidence will be introduced as part of your narrative to ensure it's effectively utilized. If you have any specific concerns about the evidence or its presentation, consider bringing them up again with your lawyer.
Hey ****! It’s understandable to be concerned about how your evidence will be presented. Typically, evidence isn't reviewed before the hearing, but it's crucial during the hearing. Make sure to discuss with your lawyer how the evidence will be introduced as part of your narrative to ensure it's effectively utilized. If you have any specific concerns about the evidence or its presentation, consider bringing them up again with your lawyer.
I have concerns he is not being as detail-oriented as I am. Is this normal?
Case Rating: *
Hey ****, it's common for clients to feel their lawyers aren't as detail-oriented due to the lawyer's focus on the big picture and strategic approach. However, your concerns are valid. Make sure to clearly communicate your expectations and ask for a more detailed plan for presenting your evidence.
Do you have a specific area or piece of evidence you feel is being overlooked?
Hey ****, it's common for clients to feel their lawyers aren't as detail-oriented due to the lawyer's focus on the big picture and strategic approach. However, your concerns are valid. Make sure to clearly communicate your expectations and ask for a more detailed plan for presenting your evidence.
Do you have a specific area or piece of evidence you feel is being overlooked?
Do you think a female judge will be biased?
Case Rating: *
Hey ****! Judges, regardless of gender, are expected to be impartial and base their decisions on the law and facts presented. If you feel there's any bias during the proceedings, your lawyer can address it appropriately.
Is there anything else you'd like to know?
Hey ****! Judges, regardless of gender, are expected to be impartial and base their decisions on the law and facts presented. If you feel there's any bias during the proceedings, your lawyer can address it appropriately.
Is there anything else you'd like to know?
My paralegal has said they will take care of the evidence, but I feel like I should make hard copies and take them in a three-ring binder. Am I overthinking this?
Case Rating: *
Hey ****! It's always a good idea to have hard copies of your evidence organized in a binder for quick reference during the hearing. It can give you peace of mind and ensure nothing gets overlooked.
Do you have any other concerns or questions?
Hey ****! It's always a good idea to have hard copies of your evidence organized in a binder for quick reference during the hearing. It can give you peace of mind and ensure nothing gets overlooked.
Do you have any other concerns or questions?
That helps! If I do ask for character letters, how will these be introduced? We did not submit them as evidence during discovery.
Case Rating: *
Hey ****! Character letters can still be introduced at your hearing. Here are some general steps to follow:
- Compile Letters: Collect well-written and relevant character letters.
- Submit to Lawyer: Give the letters to your lawyer to review and present.
- Present in Court: Your lawyer will know the best time to introduce them during the hearing.
Is there anything else you'd like to know?
Hey ****! Character letters can still be introduced at your hearing. Here are some general steps to follow:
- Compile Letters: Collect well-written and relevant character letters.
- Submit to Lawyer: Give the letters to your lawyer to review and present.
- Present in Court: Your lawyer will know the best time to introduce them during the hearing.
Is there anything else you'd like to know?
Yes, I feel that my wife may have had me followed on several occasions.
Case Rating: *
Hey ****, feeling like your wife had you followed can be concerning. Here are some points to consider:
- Privacy Concerns: If you suspect surveillance, document any evidence.
- Legal Action: You may have grounds for legal action if your privacy was invaded.
Do you have any questions or need more information on this issue?
Hey ****, feeling like your wife had you followed can be concerning. Here are some points to consider:
- Privacy Concerns: If you suspect surveillance, document any evidence.
- Legal Action: You may have grounds for legal action if your privacy was invaded.
Do you have any questions or need more information on this issue?
Assuming she did or has evidence that she did not submit to my lawyer during discovery, can she present something unexpected in court on the day of the hearing, i.e. a "smoking gun?"
Case Rating: *
Hey ****! If your spouse tries to present evidence that wasn't disclosed during discovery, your lawyer can object to its admission based on the rules of evidence. The court typically requires all relevant evidence to be shared beforehand to ensure a fair process.
Do you have any more questions or concerns about the hearing process?
Hey ****! If your spouse tries to present evidence that wasn't disclosed during discovery, your lawyer can object to its admission based on the rules of evidence. The court typically requires all relevant evidence to be shared beforehand to ensure a fair process.
Do you have any more questions or concerns about the hearing process?
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