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.