Divorce in Georgia is not like the ones we see on dramatic television or in the news with celebrity couples. Today's divorces usually take place behind closed doors, and though they can be difficult and complicated at times, they usually end with a fair settlement between the two parties in terms of property, children, and other monetary recompense.
Many people are unaware that when they are going through a divorce in Georgia, there are seven different forms of divorce that you and your partner may go through, and often more than one if the first one doesn't work out. Each one is unique to you, and each one may necessitate the services of an expert divorce lawyer.
Divorce in Georgia Types:
Following are the seven types of Georgia divorces:
Uncontested vs Contested:
When the parties (including their legal counsel) are unable to reach an agreement on issues such as property distribution, child custody, or even the choice to divorce, the divorce is deemed "contested."
Most people prefer to avoid a contested divorce as much as possible because these divorces typically involve going to court with a judge for 4 to 8 hours to hear arguments and evidence from both sides before deciding how to divide assets and determine the outcomes, which can be less favorable than when both parties can reach an agreement.
No-Fault Vs Fault:
In past generations, “fault” in a divorce was associated with the reason for the breakup of a relationship, which was frequently due to mental illness, abuse, or incarceration, among other things. Today, the majority of divorces are deemed "no-fault," which means that both parties can choose to legally separate without a reason. If there is still abuse or adultery, some individuals may still claim fault, but there are additional legal issues to consider outside of a divorce in Georgia.
When going through a divorce in Georgia, a couple may choose arbitration to avoid going to court. An arbitrator is a neutral third party that listens to both parties and assists them in reaching agreements on various issues. Following the process, the arbiter serves as the divorce's judge, deciding how custody, alimony, and assets split will be handled when the divorce is complete.
Mediation is similar to arbitration in that it involves a third-party mediator who listens to both parties and tries to reach an agreement so that the case does not go to court. A mediator differs in that he or she is unable to make any final judgments regarding the divorce. Instead, a plan is drawn up and given to a court, who then utilizes it to determine what will happen after the divorce.
Divorce through Collaboration:
A collaborative divorce is one in which a couple does not need to involve the court at all because they are ready to work out their issues and establish agreements regarding their separation without going through the legal process. This differs from arbitration or mediation in that there is no third party involved. It's normally done one-on-one with attorneys present, but if no agreement can be reached, a different sort of divorce must be sought.
Divorce by Default:
When one spouse files for divorce on their own, the other is served with divorce documents and must respond. Even if the other spouse refuses or fails to file a response within the allotted time, the divorce will still end up in court, where a judge will conclude the divorce by default, even if the other spouse does not consent.
These divorces are less common, but they nevertheless happen when couples don't have a lot of assets or children, or when they haven't been married for very long. This sort of divorce is similar to an uncontested divorce in that it is completed fast and with minimal documentation apart from a few signatures.
What Does It Have to Do with a Lawyer?
The essential thing to remember is that you have alternatives for getting through your divorce in Georgia. Whether you agree with the choice or not, the form of divorce you and your spouse choose will have legal ramifications, which is why you should contact us as your Georgia divorce attorneys.
It is critical to employ legal representation in divorces in Georgia to ensure that children, property, and other significant, life-altering choices are handled in accordance with the law, resulting in the best possible outcome for your case not only in the short term but also in the long term.