The Importance of Due Diligence in Conveyancing: Protecting Your Investment


In the world of real estate, due diligence plays a crucial role in protecting your investment. Whether you are buying or selling a property, conducting thorough due diligence can provide you with valuable insights and help you make informed decisions. This article will explore the concept of due diligence in conveyancing, the process involved, the risks of ignoring it, the key elements, and the role of professionals in this important stage of property transactions.

Understanding the Concept of Due Diligence

Before delving into the intricacies of due diligence in conveyancing Sydney, it is essential to grasp the core concept. Due diligence refers to the careful examination and investigation of a property before entering into a legal agreement. It is a comprehensive process that aims to uncover any potential risks or issues associated with the property and evaluate its true value.

Definition and Importance of Due Diligence

Due diligence can be defined as the process of conducting a thorough investigation into all relevant aspects of a property transaction. This includes analyzing legal, financial, and physical aspects of the property to ensure transparency and protect the rights and interests of the parties involved in the transaction.

Undertaking due diligence is of utmost importance in conveyancing as it helps identify any hidden liabilities, encumbrances, or defects that might affect the property’s value or impair its marketability. It also provides an opportunity for the buyer to assess whether the property meets their requirements and expectations. Learn more what to expect during the property transaction.

The Role of Due Diligence in Conveyancing

In the context of conveyancing, due diligence serves as a vital tool to mitigate risks and ensure a smooth transaction process. By conducting comprehensive due diligence, both buyers and sellers can have a clear understanding of the property’s condition, legal standing, and potential issues, thus facilitating fair and informed negotiations.

Detailed due diligence helps the buyer identify any potential legal or financial hurdles associated with the property. It also enables sellers to address any existing issues proactively, avoiding potential disputes or legal complications down the line.

Moreover, due diligence plays a crucial role in protecting the interests of all parties involved. For buyers, it provides a sense of security and confidence in their investment. By thoroughly examining the property’s documentation, such as title deeds, leases, and contracts, buyers can ensure that they are acquiring a property with a clean and marketable title.

Additionally, due diligence allows buyers to assess the property’s physical condition. This may involve conducting inspections to identify any structural defects, pest infestations, or environmental hazards that could impact the property’s value or pose potential risks in the future.

For sellers, due diligence offers an opportunity to rectify any issues that may arise during the process. By proactively addressing concerns and resolving any outstanding matters, sellers can enhance the marketability of their property and attract potential buyers with confidence.

Furthermore, due diligence can also uncover valuable information about the property’s financial aspects. This may include reviewing financial statements, tax records, and rental agreements to assess the property’s income-generating potential and evaluate its financial viability.

In conclusion, due diligence is an indispensable part of the conveyancing process. It provides a comprehensive understanding of the property, mitigates risks, and ensures transparency for all parties involved. By conducting thorough due diligence, buyers and sellers can make informed decisions and navigate the transaction process with confidence.

The Process of Due Diligence in Conveyancing

The due diligence process in conveyancing typically involves three stages: pre-contractual, contractual, and post-contractual.

Conducting due diligence in conveyancing is a crucial step in the property buying process, ensuring that buyers are well-informed and protected throughout the transaction. Each stage of due diligence plays a significant role in uncovering potential issues and mitigating risks.

Pre-contractual Stage

During the pre-contractual stage, the buyer’s solicitor or conveyancer conducts various investigations into the property. This includes reviewing the title deeds, property documentation, and relevant planning permissions. The buyer may also arrange for a property survey to assess its physical condition.

Additionally, in this stage, the buyer’s legal representative may investigate any potential legal restrictions or obligations associated with the property. This thorough examination helps the buyer make an informed decision before committing to the purchase.


Contractual Stage

Once the buyer is satisfied with the initial investigations, the contractual stage involves scrutinizing the draft contract, including its terms and conditions, warranties, and any special clauses. Legal professionals play a vital role in ensuring that the contract accurately reflects the agreed-upon terms and protects the buyer’s interests.

Moreover, during the contractual stage, negotiations between the buyer and seller may take place based on the findings of the due diligence process. This stage is crucial for resolving any discrepancies or issues that may arise before finalizing the contract.

Post-contractual Stage

After the contract is signed, the post-contractual stage involves finalizing the transactions’ legal and financial aspects. This includes conducting searches with relevant government authorities, verifying legal documentation, arranging for funds transfer, and coordinating completion dates.

Furthermore, in the post-contractual stage, the buyer’s legal team ensures that all necessary legal requirements are met, and the transfer of ownership is executed smoothly. This phase marks the culmination of the due diligence process, leading to the successful acquisition of the property.

Risks of Ignoring Due Diligence in Conveyancing

Ignoring due diligence in conveyancing can expose both buyers and sellers to significant risks. Failure to thoroughly investigate a property may lead to legal complications and financial burdens that outweigh the initial investment.

Conducting due diligence in conveyancing is a crucial step in the property transaction process that should never be overlooked. It involves a comprehensive investigation into the legal, financial, and physical aspects of a property to ensure that all parties involved are fully informed and protected.

Legal Complications

Without proper due diligence, buyers may end up purchasing a property with undisclosed legal issues, such as unresolved disputes, outstanding mortgages, or incomplete planning permissions. This can result in costly legal battles and potentially force the buyer to assume responsibility for resolving these issues.

Furthermore, overlooking due diligence can also leave sellers vulnerable to legal risks. Failing to disclose important information about the property’s history or condition can lead to lawsuits from disgruntled buyers seeking compensation for misrepresentation or non-disclosure.

Financial Risks

Another major risk of neglecting due diligence is the potential for financial loss. By not thoroughly assessing a property’s financial health, buyers may inherit unforeseen liabilities, such as outstanding tax obligations or hidden maintenance costs. These financial burdens can significantly impact the property’s value and the buyer’s long-term financial stability.

Moreover, sellers who skip due diligence run the risk of undervaluing their property or missing out on potential opportunities to maximize its value. By overlooking important financial considerations, sellers may end up selling their property for less than its true worth or overlooking key factors that could attract higher offers.


Key Elements of Due Diligence in Conveyancing

Successful due diligence in conveyancing incorporates several key elements to ensure a comprehensive assessment of the property. It is a crucial process that helps buyers make informed decisions and mitigate potential risks associated with property transactions.

Property Inspection

Conducting a thorough inspection of the property is essential to identify any physical defects or issues that may affect its value or pose safety risks. Engaging a qualified and experienced property surveyor can provide valuable insights into the property’s condition, including structural integrity, dampness, or other potential problems. Additionally, it is important to inspect not only the main structure but also any outbuildings, fences, and landscaping to get a complete picture of the property’s overall condition.

Legal Documentation Review

Reviewing the property’s legal documentation, such as title deeds, planning permissions, and any applicable warranties or covenants, is crucial to identify any legal risks or restrictions. Solicitors and conveyancers play a key role in assessing the property’s legal status and ensuring that it complies with all necessary legal requirements. It is also important to check for any pending legal issues, such as disputes over boundaries or easements, that could impact the property’s ownership or future development.

Financial Assessment

Performing a thorough financial assessment helps evaluate the property’s affordability and financial viability. This includes considering factors such as mortgage options, taxes, and ongoing maintenance costs. Buyers should carefully analyze their financial capabilities and evaluate whether the property aligns with their long-term financial plans. It is also advisable to factor in potential future expenses, such as renovations or upgrades, to avoid any financial strain after the purchase.

The Role of Professionals in Due Diligence

Due diligence is a complex process that often requires the involvement of various professionals to ensure its effectiveness. Let’s take a closer look at the key professionals who play a vital role in this process.

Conveyancing Solicitors and Their Role

Conveyancing solicitors specialize in property law and play a crucial role in guiding buyers and sellers through the due diligence process. Their expertise in legal matters related to property transactions is invaluable. These professionals conduct thorough legal investigations to identify any potential issues that may affect the property’s ownership or use. They review contracts, ensuring that all terms and conditions are fair and favorable to their clients. Additionally, conveyancing solicitors provide legal advice to clients, helping them navigate through complex legal jargon and ensuring that their interests are protected throughout the process.

Moreover, conveyancing solicitors facilitate a smooth transaction by liaising with other professionals involved in the due diligence process. They work closely with property surveyors, mortgage brokers, and other relevant parties to ensure that all aspects of the property are thoroughly examined and considered.

The Importance of Hiring a Property Surveyor

Property surveyors are experts in assessing a property’s physical condition and identifying any potential defects or risks. Engaging a qualified property surveyor can provide buyers with an unbiased inspection report, enabling them to make informed decisions based on the property’s actual condition.

These professionals conduct comprehensive inspections, examining the property’s structure, foundation, electrical systems, plumbing, and other crucial aspects. They identify any existing issues or potential risks that may require attention or further investigation. By hiring a property surveyor, buyers can gain a clear understanding of the property’s condition, allowing them to negotiate repairs or adjustments to the purchase price if necessary.

Furthermore, property surveyors also play a crucial role in ensuring compliance with local building codes and regulations. They assess whether the property meets the necessary standards and highlight any areas that require attention or improvement. This information is essential for buyers to make informed decisions and avoid unexpected expenses or legal complications in the future.

In conclusion, due diligence is of significant importance in conveyancing, as it safeguards your investment and minimizes potential risks. By thoroughly investigating a property’s legal, financial, and physical aspects and seeking professional advice, buyers and sellers can ensure a fair and transparent transaction process. Ignoring due diligence can result in legal complications and financial burdens that may outweigh the benefits of the investment. Therefore, it is crucial to prioritize due diligence to protect your investment and make informed decisions in the world of real estate.

Conveyancing Fees Explained: What to Expect During the Property Transaction


In the process of buying or selling a property, one cost that often takes people by surprise is conveyancing fees. Understanding these fees is crucial for any property transaction, as they play a significant role in the smooth transfer of ownership. In this article, we will delve into the world of conveyancing fees, exploring their definition, importance, breakdown, factors that influence them, and tips on how to save on these expenses.

Understanding Conveyancing Fees

Definition of Conveyancing Fees

Conveyancing fees refer to the charges associated with the legal process of transferring property from one party to another. These fees cover the professional services rendered by a conveyancer, who acts as an intermediary between the buyer and seller. Conveyancers have extensive knowledge of property-related laws, ensuring that transactions comply with all legal requirements.

When it comes to conveyancing fees, it’s important to understand that the cost can vary depending on factors such as the property value, the complexity of the transaction, and the specific services required. Typically, conveyancing fees are broken down into different components, including legal fees, disbursements, and taxes. It’s essential for both buyers and sellers to have a clear understanding of these fees to avoid any surprises during the property transfer process. Click here to get about the importance of due diligence in conveyancing.

Importance of Conveyancing in Property Transactions

Conveyancing is a crucial stage in any property transaction, as it ensures that all legal aspects are properly taken care of. From conducting property searches to reviewing contracts and handling the transfer of funds, conveyancers play a vital role in protecting the interests of both buyers and sellers. Engaging a professional conveyancer helps streamline the process, minimizing the risk of costly mistakes and delays.

Furthermore, conveyancing fees not only cover the conveyancer’s time and expertise but also contribute to various expenses incurred during the property transfer process. These expenses may include land registry fees, search fees, bank transfer fees, and stamp duty land tax. Understanding the breakdown of conveyancing fees can provide clarity on where the money is being allocated and ensure transparency throughout the transaction.

Breakdown of Conveyancing Fees

When it comes to understanding the breakdown of conveyancing fees, it’s essential to delve deeper into the different components that contribute to the overall cost of the process. While legal fees form a significant portion of conveyancing costs, there are various other factors to consider.

Legal Fees

Legal fees are the charges imposed by the conveyancer for their professional services, and they can vary based on several factors. The complexity of the transaction, the experience level of the conveyancer, and the location of the property all play a role in determining these fees. It’s crucial for clients to request a comprehensive breakdown of the legal fees upfront to ensure transparency and avoid any unexpected costs down the line.

Disbursement Fees

Aside from legal fees, clients should also be aware of disbursement fees, which are additional charges that arise during the conveyancing process. These fees cover expenses such as property searches, land registry fees, and administrative costs. Conveyancers typically manage these disbursements on behalf of their clients, but it’s important for clients to understand which disbursements are included in the initial quote to prevent any financial surprises later on.

Additional Costs and Charges

On top of legal fees and disbursements, there may be other costs and charges associated with conveyancing that clients need to consider. These additional expenses can encompass bank transfer fees, stamp duty land tax, indemnity insurance, and more. To gain a comprehensive understanding of the financial implications of the transaction, clients should engage in detailed discussions with their conveyancer to identify all potential costs and charges that may arise.


Factors Influencing Conveyancing Fees

Property Value and Location

The value and location of the property play a significant role in determining conveyancing fees. Higher-value properties often involve more complex legal work, which can increase the overall costs. Similarly, properties located in areas with specific legal requirements, such as conservation areas or leasehold properties, may incur additional fees.

Furthermore, properties in rural areas or with unique characteristics, such as historical significance or unusual land boundaries, may require additional research and due diligence from the conveyancer. This extra effort can lead to higher fees to ensure all legal aspects are thoroughly examined and addressed.

Complexity of the Transaction

The complexity of the transaction itself can impact the conveyancing fees. For example, if the property is subject to a chain, where multiple parties are simultaneously buying and selling properties, the conveyancer may need to liaise with several other conveyancers, increasing the workload and, consequently, the fees.

In addition, if there are any legal issues with the property title, such as boundary disputes or unresolved planning permissions, the conveyancer may need to invest more time and resources into resolving these matters. This added complexity can result in higher fees to cover the additional work required to ensure a smooth and legally sound transaction.

Choosing a Conveyancer: Solicitor vs. Licensed Conveyancer

The choice between a solicitor and a licensed conveyancer can also influence the fees. Solicitors are qualified lawyers who can handle a wide range of legal matters, including conveyancing. On the other hand, licensed conveyancers specialize solely in property transactions. While solicitors may charge higher fees due to their broader expertise, licensed conveyancers may offer more competitive rates while still providing excellent service.


How to Save on Conveyancing Fees

Comparing Quotes

One of the most effective ways to save on conveyancing fees is by comparing quotes from different conveyancers. However, it is important not to make a decision based solely on price. Consider the reputation, experience, and qualifications of the conveyancer to ensure they can provide the level of service required for a smooth transaction.

When comparing quotes, it’s also worth taking into account any additional services or benefits that may be offered by a particular conveyancer. Some may include extras such as free legal advice or assistance with property searches, which can add value to their service and potentially save you money in the long run.

Negotiating Fees

Conveyancing fees are not set in stone, and there may be room for negotiation. Depending on the complexity of the transaction and the competitiveness of the market, some conveyancers may be willing to adjust their fees to secure your business. It never hurts to ask and explore the possibility of negotiating a better deal.

When negotiating fees, it’s important to be prepared and have a clear understanding of what you are willing to pay. Researching the average fees charged by conveyancers in your area can give you a benchmark to work with and help you determine a fair price. Remember, the goal is not just to get the lowest price, but to find a conveyancer who offers excellent value for money.

DIY Conveyancing: Pros and Cons

Another option to save on conveyancing fees is to consider DIY conveyancing. While this can be a cost-effective approach, it is essential to weigh the pros and cons carefully. DIY conveyancing requires a thorough understanding of property law and can be time-consuming and stressful. Any mistakes made during the process can have significant legal and financial consequences. It is advisable to seek professional advice and assistance if opting for DIY conveyancing.

However, if you have a background in law or are confident in your ability to navigate the complexities of the conveyancing process, DIY conveyancing can be a viable option. It allows you to have full control over the transaction and potentially save a significant amount of money. Just be sure to research the legal requirements in your jurisdiction and familiarize yourself with the necessary paperwork and procedures.

Understanding conveyancing fees is vital when embarking on a property transaction. By being aware of the breakdown of these costs, the factors influencing them, and the strategies to save on fees, you can navigate the conveyancing process with confidence and ensure a successful property transfer. Remember, engaging a knowledgeable and experienced conveyancer is key to a smooth and hassle-free transaction.

Can I File For A Divorce In Georgia If We Still Live Together?

File For A Divorce

This is Part 1 of the ‘Can I file for a Divorce in Georgia if…?’ series.  In the twenty years I have been handling divorce cases in my Lawrenceville office I have been asked numerous questions about filing for divorce.  This series is focused on addressing common questions that many have asked when considering filing for divorce in Gwinnett County and the Atlanta metro area.  If you have any questions after reading this post please contact me at my Lawrenceville office for a free consultation.

Filing for Divorce when the husband and wife are still living together is common in Georgia

I receive a number of calls at my Lawrenceville office asking if a husband and wife have to be living in separate residences in order to file for divorce.  The answer is no.  Each year I handle a number of divorce cases in Gwinnett County and in the metro-Atlanta area and I have found that just about half of the time the parties are still living together when the divorce action is filed.

Why spouses may choose to continue to live together during the Georgia Divorce process

I have learned over the twenty plus years that I have been practicing law in Georgia that the main reasons that husbands and wives continue to live together during the divorce process is to be able to interact with their children on a daily basis and to save money.  Although the facts of each case are different and my advice may differ depending on the specific circumstances, it is usually the better practice not to leave the marital residence. ( However, of course, if there has been violence, the threat of violence, or a concern about violence in the home, then you must take the appropriate immediate action to protect your children and yourself – such action may include removing yourself and the children from the situation, calling the police and/or filing an request for atemporary restraining order.)

File For A Divorce

4 Steps for spouses to take to help them live together during the Georgia Divorce process

Communicate – Although tension and emotions often run high in a divorce case it is very important that the parties be able to communicate about such important issues as the children and the payment of bills and expenses.

Establish a Separate Room or Space for Each Spouse  – It is important for both parties to have some privacy within the house.  If it is at all possible try to designate a separate bedroom or area in the house that each party can go to enjoy some private time whether it be overnight or just a place to go to during the day to be by themselves to get away from the stresses of being involved in a divorce case.

Plan a Schedule for the Care of the Children – The parties must be able to work out a general agreement or understanding of how they will handle the children’s schedule and activities.  This will help avoid any disputes and confrontation that can flare up which can be so disruptive especially if played out in front of the children.  Both parents must understand that they each have a right to the children until a court enters an Order setting out their specific rights.  Thus, it is important for spouses to sit down and map out a schedule to follow so that they have something to live by and rely upon until either the parties can reach a settlement agreement or the judge enters an Order in the case.  It is also important that during this very difficult time for a child or children that they see the parents treat each other civilly and with respect.  Parents should do all they can to avoid involving or exposing the children in any way to conflict and the discussion of the issues of the divorce.  Most courts, like Gwinnett County, require parents to attend a divorcing parents seminar early in the divorce process. I have been told my numerous clients that the seminar is very informative and helpful in regards to how to deal with children during the divorce process.

Establish a Household Budget  – Spouses should get together and have a civil conversation about how each bill is to be paid, when it is to be paid, and by whom.  Spouses often agree to use a joint bank account to pay the household bills during the time they are living together while the divorce is pending.  (However, one must consider the fact that the other spouse can withdraw some or all of the money from the account at any time since it is a joint account with both parties having access to the account).   In many instances it may be a better practice for each spouse to have their own separate bank account from which they can use to pay their portion of the bills and expenses of the household.

In the end the question is not whether a spouse can file for divorce while the parties are still living together, but rather should the spouses continue to live together when the divorce is filed or during the divorce process.   If the parties do decide to live together while the divorce case is pending following the above tips should help make the home environment less stressful and the situation more manageable.

Do you or someone you know have a question regarding filing for divorce or just a question about divorce in general?  If so please do not hesitate to contact me for a free telephone consultation.

Lawrenceville Attorney Douglas W. Lewis has over twenty years of experience in Gwinnett County and the Atlanta Metro area handling family law and divorce cases, personal injury cases, criminal defense, civil litigation cases and estate planning matters.  If you have any questions or want to schedule an office consultation then please contact Doug Lewis via email.

Other resources:
How to file for Divorce in Gwinnett County Superior Court?
Gwinnett County Has Three New Superior Court Judges

Gwinnett County Has Three New Superior Court Judges

Gwinnett County

Gwinnett County Superior Court has three new Superior Court judges as of January 1, 2019. Tracey D. Mason is the new Division 9 judge who replaces the Hon. Tom Davis. Tracie H. Cason is the new Division 2 judge who replaces the Hon. Debra K. Turner.  Tadia D. Whitner is the new Division 7 judge who replaces the Hon. Melodie Snell Conner.

If you or a family member or a friend have any questions about a divorce or domestic relations case in Gwinnett County, or in any other County in the metro-Atlanta area including Cobb, Dekalb, Fulton, Walton, Barrow, Hall and Forsyth counties, then please do not hesitate to immediately contact attorney Doug Lewis for a free initial telephone consultation.

Lawrenceville Divorce and Domestic Relations Lawyer Douglas W. Lewis has over twenty years of experience in Gwinnett County and the Atlanta Metro area handling divorce, legitimation, paternity and child custody cases, family law cases, personal injury cases, criminal defense, civil litigation cases and estate planning matters.  If you have any questions please call the Lawrenceville office for a free initial phone consultation or to schedule an office consultation.  You can contact attorney Doug Lewis via email.  Client reviews can be found on Mr. Lewis’ Google page, Avvo page, and on his website.

Other resources:
The Importance of Due Diligence in Conveyancing
What to Expect During the Property Transaction

Quitclaim Deeds

Quitclaim Deeds

In some Gwinnett County divorce cases one party is to transfer his or her interest in the marital residence to the other party as part of the terms of their settlement agreement.  The party that is transferring his or her interest is known as the Grantor and the other party is known as the Grantee.  

The QuitClaim Deed must contain the same legal description of the property as referenced in the Warranty Deed that was given to the parties when the marital residence was purchased.  The Grantor must sign the Quitclaim Deed before one witness and a notary public.  

Once the Grantee receives the QuitClaim Deed from the Grantor the Grantee must file the Deed with the real estate clerk of the Superior Court in the county in which the property is located.  Thus, if the marital residence is located in Gwinnett County then the Deed is filed with the Gwinnett County Superior Court Real Estate Division which is located on the 1st floor of the Gwinnett County courthouse located at 75 Langley Drive, Lawrenceville, Georgia.  There is a $10.00 filing fee that is to be paid to the clerk when the Quit Claim Deed is filed (if the Deed is more than one page there will be an additional cost).  

The Grantor must also file a PT-61 Real Estate Transfer Tax Form along with the QuitClaim Deed.  The Clerk will file in the QuitClaim Deed and the original Deed will be sent to the Grantee or the Grantee’s attorney once the clerk’s office has processed the Deed.  Once the Grantee receives the original Quitclaim Deed back from the clerk the Grantee ought to keep it is a safe and secure location.

If you or a family member or a friend have any questions about a divorce or domestic relations case in Gwinnett County, or in any other County in the metro-Atlanta area including Cobb, Dekalb, Fulton, Walton, Barrow, Hall and Forsyth counties, then please do not hesitate to immediately contact attorney Doug Lewis for a free initial telephone consultation.

Lawrenceville Divorce and Domestic Relations Lawyer Douglas W. Lewis has over twenty years of experience in Gwinnett County and the Atlanta Metro area handling divorce, legitimation, paternity and child custody cases, family law cases, personal injury cases, criminal defense, civil litigation cases and estate planning matters.  If you have any questions please call the Lawrenceville office for a free initial phone consultation or to schedule an office consultation.  You can contact attorney Doug Lewis via email.  Client reviews can be found on Mr. Lewis’ Google page, Avvo page, and on his website.

Other resources:
The Importance of Due Diligence in Conveyancing
What to Expect During the Property Transaction

How to file for Divorce in Gwinnett County Superior Court?


Determine if you can file for divorce in Georgia.  Generally speaking you must be a resident of the State of Georgia for at least the previous six months before you can file a divorce action in Georgia.

To file the divorce action in Gwinnett County your spouse must be a resident of Gwinnett County.  If you live in Gwinnett County, but your spouse lives in Fulton County then you must file the divorce in Fulton County (unless your spouse waives venue).  If you live in Barrow County, but your spouse lives in Gwinnett County, then the divorce action would be properly filed in Gwinnett County.

All divorces filed in Georgia must be filed in the appropriate Superior Court.  All divorces filed in Gwinnett County must be filed with the Gwinnett County Superior Court clerk.  The clerk’s office is on the first floor of the courthouse located at 75 Langley Drive, Lawrenceville, Georgia (the courthouse is also known as the Gwinnett Justice and Administration Center “GJAC”).

When you file the divorce action you must pay the clerk’s eFiling fees in the amount of $237.00 (said fee is subject to change).  

There must be a Summons attached to the divorce petition or complaint.  The divorce pleadings (the Summons, the Divorce Petition and any Standing Orders) must be served upon your spouse.   Usually the Defendant Spouse is personally served with a copy of the divorce pleadings by a deputy sheriff or by a private process server.  The Gwinnett County Sheriff’s Department charges a fee of $50.00 to attempt service on a Defendant.  If you want to use the services of a private process server In Gwinnett County then  a motion must be filed with the court to request that a particular process server be appointed by the judge to personally serve the Defendant with the divorce pleadings.   The fee charged by private process servers varies depending on travel time and other circumstances.

family law

When a divorce action is filed the case will then be given a specific case number.  The last digit of the case number will indicate which judge has been assigned to your case.  For example, in Gwinnett County Superior Court if the last digit of your case number ends in 7 then you know your case has been assigned to Chief Judge Melodie Snell Conner.  There are ten (10) Gwinnett County Superior Court judges.

Once your spouse has been properly served with a copy of the divorce pleadings then your case will proceed.   A divorce case will either be an uncontested case or a contested case.  An uncontested or settled divorce case means the parties have signed a Settlement Agreement which resolves all issues in the divorce case and the Agreement has been approved by the judge assigned to the case.  (If the judge does not approve of the terms of the Settlement Agreement then the case is not settled.)  A contested divorce case is a case in which the parties are unable or unwilling to settle and thus the case will go to trial before the judge or a jury. For more information please read Uncontested vs. Contested Divorce cases in Gwinnett County.

Each divorce case is unique and some can be quite complex.  Many divorce cases involve some or all of the following: Answer and Counterclaim, Interrogatories, Request for Production of Documents, Request for Admissions, Depositions, Emergency Hearings, Temporary Hearings, Contempt Hearings, Domestic Relations Financial Affidavits, Mediation, Guardian ad Litems, Child Support Worksheets, Child Support Addendums, Parenting Plans, Quit Claim Deeds, Qualified Domestic Relations Orders (QDRO), Protective or Restraining Orders, Parenting Seminars, and Final Hearings.

If you have any questions about divorce or the Gwinnett County divorce process please do not hesitate to contact for a free consultation.

Other resources:
The Importance of Due Diligence in Conveyancing
What to Expect During the Property Transaction