Divorces are hard. They affect a person’s emotional, physical, and mental well-being. The long custody battles, litigation processes, property division, etc., make divorce difficult to manage.
If you are preparing for or going through a divorce in Georgia, it’s possible the idea you have in mind is the dramatic court battle portrayed on television. While it could play out similarly in your case, it doesn’t always have to. In fact, most divorces end in a fair settlement without the need to go through a protracted court battle.
If you are going through a divorce, it is a good idea to seek legal help from experts, such as those at the Atlanta Divorce Law Group. These professionals know the ins and outs of divorce cases and always offer legal, mental, and emotional support so that you can focus on recovery while they take care of the complicated legal processes.
This guide highlights the different options you could explore when getting a divorce, so keep reading to learn more.
Contested vs. Uncontested Divorce
Contested divorces occur in situations where you and your spouse cannot agree on critical issues during a divorce. These issues could include alimony, child custody and support, division of assets, etc. The biggest drawback of a contested divorce is that it takes much longer to resolve and may end up costing you more.
On the other hand, an uncontested divorce is where you agree on all issues before filing. As such, the court’s responsibility is to ensure that the agreement is enforceable, after which it adopts it into its ruling.
Fault and No-Fault Divorces
Traditionally, family law in Georgia required divorcing couples to prove fault on the part of one party to get a divorce. This type of divorce is referred to as fault divorce. Like contested divorces, resolutions in a fault-based divorce can take much longer, and the costs involved can be significantly higher.
In recent years, different states, including Georgia, have adopted softer stances on divorce, allowing for no-fault divorces. Under no-fault divorce, the divorcing couple does not need to provide proof of wrongdoing by any party. Instead, the petitioner only needs to express irreconcilable differences. Resolutions for no-fault divorces can be pretty fast and are often applied in uncontested divorces.
Collaborative Divorce
Collaborative divorce is more like an uncontested divorce. However, unlike an uncontested divorce, the parties agree beforehand not to involve the courts. Instead, they may engage professionals to help them resolve contested issues.
This option can be short or long, depending on the issues of discussion. After everything is in order, the parties, through their family lawyers, submit the agreement to the court, where it is processed and adopted as a divorce ruling.
Mediation and Arbitration
The points of contention in contested divorces are usually the result of hard stances on the part of the divorcing parties. In some cases, involving a third party helps break down such stances to get to a resolution that doesn’t have to involve going to trial, and this is where mediation and arbitration come in.
The third party in mediation is called a mediator, and their role is to help the parties agree. However, they cannot make a ruling. Instead, they have to go back to the court for a ruling. On the other hand, the arbitrator helps iron out contention and acts as a divorce judge in that they can decide on the divorce terms, such as division of property, child custody, alimony payments, etc.
Default Divorce
All the options discussed above apply when both parties participate in the process. However, it doesn’t always play out like that. In some cases, one party may be unresponsive to petitions. In such situations, the court has to make a divorce ruling by default after the allotted time.
Irrespective of the option you choose, having a family lawyer with you when navigating a divorce in Georgia is a good idea, as it ensures you have someone with a deeper insight into divorce laws looking out for your rights.
End Note
Divorce in Georgia can be challenging, but understanding your options—whether contested, uncontested, collaborative, or mediated—empowers you to make informed decisions. With the guidance of experienced family law attorneys, you can protect your rights, simplify the process, and focus on moving forward confidently toward a new chapter in your life.