The types of divorces in Georgia depend on each individual’s circumstances. The legal dissolution of a marriage through court or any other body can be done as soon either of the parties decides to do so. There is no need to be living separately or wait for a specific period of time before filing for divorce. Usually divorces in Georgia end up in fair settlements, in terms of children custody, property, and other financial compensation. Overall, the divorce rate in the U.S. has dropped quite low as only 14.9 marriages in 1,000 resulted in a divorce in the previous year.
8 Types of Divorces in Georgia:
1. No-Fault or Fault Divorce:
In these types of divorces, "fault" is referred to as the reason for the divorce and the circumstances that led to it. No-fault divorce is the dissolution of marriage without having any underlying cause or proving which party is at fault. There is no possibility of reconciliation in this case. On the other hand, if either party is at fault, the court decides on the amount of alimony and division of property each party will receive.
2. Uncontested Divorce:
This is the quickest and cheapest way of getting a divorce, only if both parties reach a mutual agreement. Uncontested means that both the parties have agreed on the division of all the belongings such as cars, bank accounts, properties, etc. Alimony and all matters related to child custody and support are also settled. This Georgia divorce can take less than a month. To make final negotiations, a mediator or attorney can help out.
3. Contested Divorce:
As the name suggests, this type of divorce takes place when both parties do not agree on one or more issues. A fair division of assets, such as cars, property, and savings can be tricky and depend on the behavior of each individual during the marriage as well as the process of divorce. Some matters can be very difficult to agree upon, such as child custody, especially during such a fragile state of the relationship. This type of divorce is time-consuming and costly as it deals with child custody and valuable assets. Mediators, attorneys, and judges help reach a settlement and resolve issues.
4. Collaborative Divorce:
In this case, both parties decide not to go to court and avoid unnecessary disputes and trials. Without any legal processes, the couple decides to make agreements on their own through various meetings. Neutral custody experts and financial professionals can help resolve issues and offer solutions that serve the interests of both the parties, as well as the children. In case there is no agreement, another type of divorce can be pursued.
Much like a collaborative divorce, arbitration allows settling matters outside of court. An arbiter listens to both the parties and makes a fair decision regarding division of the estate, and resolve issues about child custody and support, as well as alimony. Instead of a judge, through an arbitration agreement, the arbiter decides on the settlement in these types of divorces. It is a faster way of divorce with relaxed rules of evidence and procedures.
A mediator listens to both sides and attempts to reach an agreement, which both parties approve of. It is similar to arbitration, however, the mediator is not able to make any final decision. They help draft a plan, which is submitted to the judge. The judge can base their decision based on this plan, as it is already agreed upon by both parties.
7. Default Divorce:
If one party files for a divorce, the other party will be sent divorce paperwork and they must answer. If the other party refuses to answer or acknowledge the paperwork, the decision will be in the hands of the court. This may prolong the process, but the judge will end the marriage by default, without the consent of the other party.
8. Summary Divorce:
This simple dissolution is for those couples that have been married for a short period of time, with minimal assets or property and no children. With no major issues between both parties, it is a straightforward and quick divorce with less paperwork and court appearances.
A divorce attorney can help you protect your rights and make sure you get what you deserve. They help eliminate the possibility of unfair outcomes for child custody, distribution of assets, etc. Having an attorney will make the process a lot smoother. The different types of divorces in Georgia do not affect the efforts of divorce attorneys. They take everything in their hands, from filing paperwork to planning and advising you throughout the process to achieve the best outcome for your case.