An Uncontested Divorce is of course a Divorce in which both parties reach an agreement on all issues.  A Contested Divorce is one in which the parties cannot agree on any or all issues.

The main things to be determined in a divorce and the ones most likely to lead to conflict are division of property, child custody, child support and alimony.  If any of the before mentioned cannot be agreed upon than the Divorce will be contested.

Of course, the first question people want to know when they call an attorney is how much is this going to cost me.  The price for an Uncontested Divorce can range from as low as a few hundred dollars to a few thousand depending on the complexity of the case.  However, the average price is around $500 plus filing fees and costs.

The price of a contested divorce can vary greatly.  Usually a retainer will need to be paid up front and the client will be billed hourly after that.  However, there is an increasing trend to charge flat fees in Divorce cases and dispense with hourly billing.  All attorneys whether they charge flat fees or hourly will still expect the client to pay for expenses such as court reporters, transcripts, large numbers of copies, expert witnesses, travel expenses and so forth.

So, you are a landlord and your renter is not paying?  What do you do to evict them?  Before an eviction, a landlord must make a verbal or written demand for possession of the property.  The landlord should then file a petition in the Magistrate Court where the property is  located.  Every county has a Magistrate Court.

A small fee is required to file and serve the eviction or dispossessory action.  The local Sheriff’s Office will then serve the tenant with the eviction by either personal service or by tack and mail service.  Personal service is when the Sheriff actually places the eviction in the hands of the tenant.  Tack and Mail means the Sheriff merely places the petition on the tenant’s door and in the mail.  Tack and Mail service does not allow you to receive a monetary judgment (unless an answer is filed).

The tenant will then have seven days to file an answer.  Once an answer is filed the court will set a hearing date.  If the Court finds the tenant has not paid rent the tenant will then have seven days to pay and vacate the property.  If the tenant is still on the property after seven days, the landlord can then request a set out order.  If the Court issues a set order, the Sheriff will then coordinate with the landlord to execute the set out order (removing the tenant and belongings).  However, the landlord is responsible for actually removing the property.

Georgia law provides relatively easy and fast means to remove a non-paying tenant.  Therefore, there is no reason for a landlord to take the law in to his own hands.  Landlords should always obey the law to the letter and consult with an attorney if they have questions.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

Imagine one day you go to the mailbox and there is a notice that a person you know has requested you be arrested.  You thought only a police officer could arrest someone so what is this about? What is a pre-warrant hearing?

In Georgia, a civilian (non police officer) can request that a Magistrate Judge  issue an arrest warrant.  Such warrants are sometimes called “civilian warrants”.  Typically, the process starts by the petitioner going to the Magistrate Court located in the county where the offense was alleged to have occurred and filling out a simple application.  In the warrant application the petitioner will be asked to give a brief narrative of who they want arrested and why.  The petitioner must also pay a small application fee.

A Magistrate Judge will then review the application and schedule a pre-warrant hearing.  The other party (the accused) should then receive notice of the pre-warrant hearing by mail.  At the pre-warrant hearing, the Judge will listen to both sides and either issue a warrant or dismiss the application.  If the Judge issues a warrant, the accused will be arrested after the hearing or be allowed to turn themselves into the jail at a predestinated time.

I receive many calls about pre-warrant hearings.  Most people who get a notice for a prewarrant hearing have never heard of them.  The first questions people ask is whether they should bring an attorney to a pre-warrant hearing.  The answer to that question is that since you can be arrested after the hearing it is advisable to hire an attorney!  Furthermore, if you do not hire an attorney you will have to speak at the hearing and thereby risk incriminating yourself.

Our office is willing and ready to represent you in a pre-warrant hearing.  If you receive a notice in the mail, please do not hesitate to call us to set up a free consultation.

 If you are arrested in Catoosa County, your case might be heard in one of six different courts.  If you are arrested for a felony, your case will be heard in the Superior Court.  The Superior Court hears all felony cases in Catoosa County and many misdemeanor cases not handled by the lower courts.  The Superior Courts of Georgia cover multiple counties and are divided into Judicial Circuits.  There are Forty Nine Judicial Circuits in Georgia.  Therefore, Catoosa, Walker, Chattooga and Dade Counties are all in the Lookout Mountain Judicial Circuit.  The Superior Court is the only court in Catoosa County in which you may have a jury trial.  However, if you request a jury trial in a lower court in Catoosa County your case will be transferred to the Superior Court.

If you are arrested for a misdemeanor in the city limits of Fort Oglethorpe or Ringgold your case will be heard in the Municipal Court of that city.  For example, if you are arrested for a DUI or shoplifting in Fort Oglethorpe your case will be heard at the Fort Oglethorpe Municipal Court.  These City or Municipal Courts also handle all traffic offenses and some ordinance violations.  You may request a Bench Trial (that is a trial in front of Judge only) in these courts but if you wish to have a jury trial then your case will be transferred to Superior Court.  You should always consult an attorney before transferring your case. 

If you are arrested for a traffic offense or some hunting violations outside of the city limits of Fort Oglethorpe or Ringgold then your case will be heard in the Catoosa County Probate Court.  Every county in Georgia has a Probate Court.  In other counties, which have a State Court like Walker County, the Probate Court does not typically hear criminal cases.

The County Magistrate court also has jurisdiction over a variety of misdemeanors if they take place in the unincorporated areas of the county.  The crimes which magistrate courts have jurisdiction over are criminal trespass; marijuana possession, less than an ounce;  shoplifting where the property is valued at $300 or less; and furnishing alcoholic beverages to a person less than 21, as well as purchase or possession of alcoholic beverages by a person less than 21.  The Magistrate Court also hears cases involving violations of County Ordinances.

Last but not least, if you are a juvenile then your case will be heard in juvenile court.  Criminal cases in Juvenile Court are called “delinquency” proceedings.  Although these hearings do not always involve acts which would be crimes if committed by adults.  The juvenile court has jurisdiction of those persons under the age of 17 and to those under the age of 21 years who committed acts of delinquency prior to reaching 17 and who are under the supervision of the juvenile court. 

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

The Law Office of Shawn Bible is located in Ringgold but serves all of North Georgia.  Our practice includes all counties in Northwest Georgia including Catoosa, Dade, Walker and Chattooga counties as well as the towns of Ringgold, Fort. Oglethorpe, Lafayette and Trenton Georgia.

Our  mission is to protect and assert our client’s rights while guiding them through the sometimes complicated and often frustrating legal process. To provide personal service and honest and practical legal advice. To provide an aggressive representation and obtain the best possible result in each case.