Legal Question in Family Law in Georgia

Re: do i have to have an attorney

I should note that it is illegal for paralegals to practice law in Georgia (and it's not a good idea for people to use paralegals, since anyone can call themselves one and there are no standards or training). Typically in metro Atlanta many attorneys handle uncontested divorces for fees as low as a paralegal, and, unlike a paralegal, they can appear in court for you abd are regulated by the state. (Our fees start as low as $99 plus costs in some counties that waive court appearances).

Many attorneys will refuse to talk directly with the opposing party as ethical rules severly limit such contact and to be safe of not crossing the line, you may well encounter the answer you did.

What can you do? You could (a) ditch the papers you have and have a lawyer contact opposing counsel for you, or (b) not the recommeded choice but you could redo your papers yourself and file a contested divorce and serve the defendant.

Possible plan c: talk directly to your husband and tell him that the lawyer is in the way. If your husband actually agrees with the paperwork he could fire his lawyer. (If you do this, do NOT file the papers unless you first have a lawyer look them over for you, as I have seen way too many paralegals mess people up very badly). The cost of a consultation to review your papers is going to be very low.

I should add that many counties are VERY unfriendly to pro se cases (a handful are more used to them) so you should also discuss that with counsel before doing anything else.

A final note: if you have children or real estate or joint debts DEFINITELY use a lawyer. While no one really should do a divorce pro se as you plan to, the dangers are lower in cases with no children, property or debts.

Re: do i have to have an attorney

Since you (and NOT the paralegal) signed the papers, it doesn't matter who prepared them. You are entitled under the constitution to represent yourself. If the husband's attorney refuses to discuss the case with you, I would consider instructing the clerk of court to set the case down for a hearing. Even though you are unrepresented by counsel, at the call of the calendar, the judge will probably order you and your husband (or his attorney) to discuss settlement. I do not like to discuss cases with unrepresented opposing parties, not because there are any ethical problems, but because they usually don't know the law and legal procedure and it is a pain to try to educate them while walking the fine line between giving them legal advice and simply instructing them about court procedures. I would strongly advise you to at least consult with a local attorney.