Divorce can be simple, inexpensive, and relatively painless, or it can be incredibly tolling, both emotionally and financially. To some extent, you have the power to decide which of those routes your divorce will take. The more capable you and your spouse are at reaching agreements as to major issues in your divorce, the faster and cheaper your divorce will be. Unfortunately, however, it only takes one unreasonable party or attorney to make the divorce process complicated, miserable, and expensive for everyone involved.
Clients frequently approach us indicating that they want a “bulldog” or aggressive lawyer to fight their terrible soon-to-be ex-spouse. In our view, however, our clients fare much better when they can avoid litigation and reach a settlement of their divorce, either through mediation or informal negotiation. Avoidance of the courtroom gives you the ability to determine your own destiny rather than letting a judge do it for you, and saves thousands of dollars for you to invest in the next chapter of your life. Of course, litigation in divorces is sometimes unavoidable or appropriate, and in those situations, we are ready, willing, and able to fight as hard as is necessary to protect what matters to you.
After having successfully taken many divorce cases through a final trial, we have the experience and resources necessary to guide you through the process in the manner that works best for you. While divorce is never easy, we find that being available to our clients at all times (including nights and weekends) makes the process more manageable. We also put in the work that we know is required to generate success in each and every case, and we make sure that all of our clients have the tools they need to prevail.
Clients frequently inquire about the possibility of having their marriages annulled as an alternative to divorce. While the cases in which annulment is the proper avenue for dissolution of a marriage are rare, they do exist. In Georgia, a marriage can be annulled if it is determined to be "void", meaning that it is prohibited by law or never had the potential to be valid. The effect of an annulment will be to erase your marriage, such that once the annulment is complete, the marriage will never have existed for legal purposes.
Georgia law disfavors annulments, and they are only available in fixed, limited circumstances as follows: (1) one or both spouses was mentally incompetent at the time of the marriage; (2) one or both spouses was underage at the time of the marriage and did not obtain the consent of a parent or guardian; (3) one or both spouses consented to the marriage because of fraud exerted by another person; (4) one spouse is still legally married to another living person; (5) the spouses are closely related, by blood or otherwise. Of course, in cases where your marriage cannot be annulled, you're always entitled to pursue divorce as a means of dissolution.
If you have questions about divorce or annulment regarding your marriage, contact Kimberly Coleman Law today for a consultation. Whether you are simply considering the possibility or you have been served with a formal complaint, we will answer all of your questions, outline a proposed strategy for the progression of your case from start to finish, and address any concerns you may have. Additionally, if finances are a problem, we always offer payment plans for clients who need them. Call today – let’s get started!