Georgia Divorce Laws: Different Types of Divorce

If you are preparing for or going through a divorce in Georgia, it is possible that the dramatic court battle portrayed on television is the idea you have in mind. While it could play out similarly in your case, it does not always have to. In fact, most divorces end in fair settlement without needing a protracted court battle. This guide highlights the different options you could explore when getting divorced, 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. Seeking guidance from experts, such as family lawyer Shawna Woods, can help ensure that your rights are protected and the process runs smoothly.

Having a family lawyer with you when navigating a divorce in Georgia is a good idea. It ensures that you have someone with a deeper insight into divorce laws looking out for your rights.

Fault and No-Fault Divorces

Traditionally, Georgia family law required couples who were divorcing 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 fast and are often applied in uncontested divorces.

Collaborative Divorce

A 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 under 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 does not 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. The arbitrator, on the other hand, helps iron out contention and acts as a divorce judge in that they can make decisions on the terms of the divorce, 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 work that way. 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.

Conclusion

Divorce can be a difficult process, but knowing the different types of divorce in Georgia can help you make the right choice. Whether it’s contested, uncontested, fault, no-fault, or even collaborative divorce, there are options to suit your situation. Mediation and arbitration can offer peaceful solutions, while default divorce handles situations where one party doesn’t respond.

Having a family lawyer like Shawna Woods can help you navigate these options and ensure your rights are protected throughout the process. With the right support, you can find a solution that works best for you.