In Georgia, an uncontested divorce means that you and your spouse have reached an agreement on all relevant issues (e.g., division of marital assets and debts, spousal support, child custody, child support, etc.) without the need for a court trial.  Typically, a settlement agreement is signed by both parties prior to the filing of a divorce action with the court.  In this type of divorce, both spouses often still retain counsel to assist in negotiating the terms of the settlement agreement. 

Uncontested divorces generally take less time and cost less money than contested divorces that require litigation through the court system.

At Files Hayle, a low-conflict divorce refers to a divorce proceeding where the spouses are able to resolve their case with minimal hostility and animosity towards each other.  While there may still be issues on which the parties do not agree, they are willing to work together, often through their respective attorneys, to reach agreements without resorting to contentious court battles. 

Low-conflict divorces tend to rely on forms of alternative dispute resolution (ADR) like mediation.  The parties align on maintaining mutual respect while working towards a private and fair outcome.

The amount of time it takes to complete your divorce varies based on a number of factors.  In simple, uncontested divorce actions, it can take as little as 31 days from the date your case is filed.  In more complex divorce actions, it can take well over a year.  

Some factors to keep in mind when considering how long this process could take for you are: (1) the complexity of your marital assets (e.g., properties owned, businesses owned, retirement/investment accounts, etc.), (2) whether you have children, (3) whether you think an agreement with your spouse on all or most of the issues is possible, and (4) the current caseload of the court in your jurisdiction.

Getting a specific figure for the cost of your divorce is difficult because it varies based on the unique circumstances of your case.  Uncontested divorce actions tend to cost less, but can still involve significant attorneys fees in the drafting and negotiating of more complex settlement agreements.

Our initial retainers for divorce cases start at $5,000.00.  In addition to your attorney fees, some additional costs to keep in mind are: (1) court filing fees, which cost approximately $300 in most Georgia courts, (2) mediation fees, (3) parenting classes and services for cases involving children, and (4) court-ordered costs, like spousal support or child support. 

To get a better understanding of the potential cost of your divorce, contact us for a consultation so that we can discuss the unique issues in your case, the associated legal fees, and how Files Hayle can help navigate the legal process efficiently for you.

We handle cases involving the establishment of custody orders, including paternity and legitimation.

We also handle cases involving making changes to existing custody orders, like modifying a parenting plan when one parent relocates or changes jobs.

Finally, we handle cases involving compliance with an existing custody order, like when one parent stops following the schedule outlined in a parenting plan.

An important aspect of many of these cases is the issue of financial support for the children.

At Files Hayle, low-conflict custody litigation refers to cases involving the custody of children where the level of conflict between the parents remains low.  While disagreeing on the best custody arrangement for the children is fairly common, parents involved in low-conflict custody disputes are generally able to communicate in a respectful and productive manner. 

The goal of a low-conflict custody action is to keep what’s best for the children at the center of all decisions and to resolve the issues in a way that preserves the co-parenting relationship of the parties. 

The amount of time it takes to complete your custody case varies based on a number of factors.  In simple custody matters, like one in which the parties agree on the changes to be made to an existing schedule due to a change in circumstances, it can take as little as a few weeks from the date your case is filed.  In more complex custody cases, like one in which both parties are seeking primary custody of the children, it can take well over a year.  

Some factors to keep in mind when considering how long this process could take for you are: (1) whether you and the other parent agree on who should have primary custody of the children, (2) the ages and specific needs of your children, (3) whether there are issues involving domestic violence and/or substance abuse, and (4) the current caseload of the court in your jurisdiction.

Getting a specific figure for the cost of your custody case is difficult because it varies based on the unique circumstances of your case.  Custody cases in which the parties agree on who will exercise primary custody tend to cost less, but can still involve significant attorneys fees in the drafting parenting plans addressing complicated schedules or the special needs of a child.

Our initial retainers for custody cases start at $5,000.00.  In addition to your attorney fees, some additional costs to keep in mind are: (1) court filing fees, which cost approximately $300 in most Georgia courts, (2) mediation fees, (3) parenting classes and services, and (4) court-ordered costs, like child support and therapy. 

To get a better understanding of the potential cost of your custody case, contact us for a consultation so that we can discuss the unique issues in your case, the associated legal fees, and how Files Hayle can help navigate the legal process efficiently for you.

A prenuptial agreement, often referred to as a “prenup,” is a legal contract entered into by a couple before they get married. Prenuptial agreements outline the rights and responsibilities of each party in the event of a divorce, separation, or the death of one of the spouses.

The primary purpose of a prenuptial agreement is to establish the financial and property rights of each spouse and to address issues like the division of assets, spousal support (alimony), and other matters related to their financial affairs.

Prenuptial agreements allow couples to specify how their assets and debts will be divided in the event of a divorce, rather than relying on the courts to dictate everything for them.

Prenuptial agreements can resolve issues like division of assets, division of debts, spousal support (alimony), and property rights.  Prenuptial agreements cannot resolve issues of custody or child support.

A postnuptial agreement addresses the same issues as a prenuptial agreement, except that it is entered into after a couple has already gotten married.

We cannot represent both parties when preparing a prenuptial or postnuptial agreement.  Because a prenuptial agreement is a contract, in order to be enforceable, each party should be represented by an attorney looking to negotiate terms in the individual best interests of their client.

Our attorneys are experienced in working with you to prepare a prenuptial agreement that can be presented to your spouse and their attorney for negotiations.  We are also experienced in reviewing and negotiating the terms of a prenuptial agreement that has been prepared by your spouse.

Getting a specific figure for the cost of your prenuptial or postnuptial agreement is difficult because it varies based on the unique circumstances of you and your spouse’s lives and finances.  Agreements for clients with less complicated assets tend to cost less, but can still involve significant attorneys fees if negotations are extensive.

Our initial retainer for preparing prenuptial and postnuptial agreements is $5,000.00.  Any amounts not used are returned to you at the conclusion of your matter.

Legal malpractice occurs when a lawyer fails to perform their duties competently, ethically, or within the standard of care expected in the legal profession, leading to financial losses, adverse legal consequences, or other harm to the client.

Legal malpractice claims typically can only be brought by a client against an attorney that represented them.  For example, you likely don’t have a legal malpractice claim against the attorney who represented your spouse in your divorce action.

Some common examples of legal malpractice include, but are not limited to, an attorney missing a statute of limitations or other deadline in your case, an attorney settling your case without your permission, or an attorney misusing your funds.

If you believe you may be the victim of legal malpractice, schedule a consultation with our office today.

Yes.  Donna-Marie Hayle has extensive experience representing clients who have suffered harm as a result of the actions of their former attorneys.  We work with clients to obtain monetary relief from the former attorney, whether the attorney has malpractice insurance coverage or not.  In cetain circumstances, our firm may also be able to represent the client in their underlying action to mitigate further harm.  

If you believe you may be the victim of legal malpractice, schedule a consultation with our office today.

Yes.  Donna-Marie Hayle has extensive experience representing attorneys against legal malpractice claims, most often those who do not have malpractice insurance coverage.  The goal in these cases is to disprove the legal malpractice claims as quickly and discretely as possible, or, in situations where the claims can be substantiated in any way, negotiating a settlement that is both feasible for the attorney and minimally disruptive to their practice.  If you would like to schedule a confidential consultation with Donna-Marie, you can do so here.

Yes.  Donna-Marie Hayle regularly represents attorneys facing bar grievances which have been filed against them.  Whether you are looking for ongoing consulting throughout the process or someone to fully handle the proceedings start to finish, Donna-Marie will work with you to ensure you understand the process, comply fully, and present the evidence necessary to overcome a formal complaint.

If you would like to schedule a confidential consultation with Donna-Marie, you can do so here.

At Files Hayle, we most commonly handle the following types of business litigation:

• • • Breach of contract
    • Business torts include fraud, misrepresentation, and defamation
    • Violations of non-compete agreements
    • Violations of non-disclosure and confidentiality agreements
    • Partnership and shareholder disputes

We also handle transaction business matters, including, but not limited to, drafting business formation documents, drafting offers of employment, and business acquisitions.

To see if we can meet the needs of your business, schedule a consultation with our office. 

Yes.  Our attorneys always work to resolve your business disputes outside of formal litigation when possible.  This could involve sending a demand letter, arranging mediation, and/or entering into a binding agreement.  When litigation cannot be avoided, Files Hayle works to resolve your case in a way that is not only favorable to your business but also preserves the integrity of relationships of your business.

Yes.  Our firm has experience representing both contractors and property owners in issues that arise during the course of a construction project, including but not limited to, nonpayment, deficient or defective work, property liens, and breaches of the construction contract.

Yes.  Files Hayle can be put on retainer for your business.  This means that our attorneys are available to you as needs arise in your business, whether that involves litigation, drafting a legal document, negotiating a contract, or advising you on a specific legal issue.

Kristen Files and Donna-Marie Hayle are certified mediator in the areas of civil litigation and, more specifically, domestic relations.  The majority of the cases they mediate involve family law issues, including divorce, custody modification, and legitimation.  Kristen and Donna-Marie bring the knowledge and skills they’ve gained in years of practice as reputable family law attorneys and guardians ad litem to help parties reach fair and effective resolutions for their families.

Kristen Files and Donna-Marie Hayle charge a standard hourly rate of $300.00 per hour to mediate cases.  Typically, that amount is split between the parties, with each party responsible for paying $150.00 per hour.

The best way to schedule a mediation with Kristen Files or Donna-Marie Hayle is to select an available time from their online calendars.  You can access Kristen Files’ scheduling page here and Donna-Marie Hayle’s scheduling page here. 

If you have specific questions about Kristen or Donna-Marie’s availability or another aspect of your mediation, you can email our office at admin@fileshayle.com. 

Yes.  Even if mediation has been ordered in your case, the parties can still agree to the selection of a mediator.  Kristen Files and Donna-Marie Hayle are also familiar with the reporting requirements of the various mediation offices in the Georgia courts.