FAQs
Divorce FAQs
Q. Is my divorce a contested or uncontested divorce?
A. If you and your spouse can agree to all divorce terms before filing your divorce, then your divorce is uncontested and the divorce agreement can be reviewed by both sides and filed with the court. This is generally a less expensive method of divorce. The divorce is contested if you or your spouse cannot agree to divorce terms. Contested divorces can be resolved through negotiations or mediation, which means more time and expense. If the divorcing couple cannot reach an agreement, the divorce action goes to trial where your attorney will represent you and a judge or jury will decide the terms of your divorce. Sometimes a contested divorce can reach a settlement prior to trial. Conversely, sometimes an uncontested divorce becomes contested.
Q. Can my spouse and I save money by hiring one attorney to review our divorce agreement and file it with the court?
A. Our firm can only represent you and your best interests as you end the marriage. Even if you and your spouse have agreed to the majority of the divorce terms, each person should have their own legal representation. Our firm cannot effectively provide counsel to both of you because you may have conflicting interests as the divorce proceeds. Any attorney that agrees to review the divorce agreement and provide counsel to you and your spouse is potentially committing legal malpractice.
Homeowner’s Associations FAQs
Q. What is the Georgia Property Owners’ Association Act?
A. The Georgia Property Owners’ Association Act is a comprehensive set of rules controlling property owner associations, including the assessment of expenses, the powers of the association, and a statutory method for imposing liens against home owners for unpaid assessments. It only applies to associations that specifically incorporate it into their covenants. It does not apply to condominium associations.
Q. What is your typical HOA collection process?
A. We start with sending a letter out to the homeowner notifying them of the unpaid dues and fees for that home. If the owner contacts us to resolve the issues, we will set up payment arrangements to satisfy the past due assessments and fees. If they do not, our next step is to file a lien in the amount of the past due assessments and to warn the homeowner that a suit will be filed against them. If the home owner still does not pay, we file suit against them. Each step is controlled by the client.
Q. Does transferring a property by quitclaim deed affect a previously filed lien?
A. A quitclaim deed grants the new owners only whatever title or interest the previous owner had to the property. A quitclaim deed will not extinguish a previously filed lien; the new owner still has to pay the lien. In order for a purchaser to obtain a warranty deed, all liens must be satisfied prior to closing.
Spooner and Associates, P.C.
Experienced Georgia Attorneys
3451 Lawrenceville – Suwanee Road, Suite C
Suwanee, Georgia 30024
Phone: 678-714-1131
Fax: 678- 714-5391
Spooner and Associates, P.C.
3451 Lawrenceville-Suwanee Road, Suite C
Suwanee, Georgia 30024
Fax: (678) 714-5391
