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As a Metro Atlanta divorce lawyer for families, The Cherry Law Firm fields as many calls from people who have been served a petition for “divorce” as those who have contemplated divorce. Often, people make the call in a couple of weeks after service of process and after veiled threats that the other spouse has “only 30 days to sign or otherwise.” This can cause the lawyer to rush the client and the client into frantic fear.
It is very important that you contact a lawyer as soon as you have been served “divorce papers.” A petition for divorce or dissolution of marriage must be formally responded by filing a response and / or counterclaim within 30 days of service. If no response is submitted, the filing spouse is entitled to file for breach of this form and may, at this point set the Final Hearing of divorce after another 30 days.
Now, after all those words and legal requirements, how fast you really need a lawyer comes down to what kind of divorce you really have.
A true uncontested divorce: If you and your spouse have looked at and decided on divorce, if you both agree to negotiate and settle all the terms of dissolution of marriage agreement and set a plan of permanent parenting, and if there is not any question of support or the Division of Property.
An uncontested divorce potential or in other words, a potentially controversial divorce: If you and your spouse are contemplating divorce, but your spouse has already sought legal advice and legal representation and has served you with “divorce papers” that you may or may not be able to agree upon a settlement.
You should seek legal advice and legal representation within 30 days of receipt in order to preserve your legal rights if the matter becomes a contested divorce. Once you’ve hired one of our Atlanta Metro divorce lawyers to represent you, then you would submit all necessary answers and contact opposing counsel. If unable to resolve your problems according to an agreement, then the next step is to use mediation to resolve any issues in controversy.
A contested divorce true … If you and your spouse have not discussed or agreed on divorce, your spouse has filed for divorce and can not agree to any settlement agreement. You should seek independent legal advice and legal representation immediately to preserve your rights and prepare for the long and costly process of divorce litigation.
In short, it is best for you to hire a lawyer as soon as you have been served “divorce papers” in order to preserve and represent your rights.
When your life has been turned upside down by outside circumstances, you need a strong voice to stand up for your rights and see to it that justice is served.
At The Cherry Law Firm, P.C., of Kennesaw, Georgia, you will find that strong voice, and it belongs to attorney Diane Cherry. Diane and the rest of the firm share a powerful commitment to helping people in their time of need. (770) 444-3399