There Are Multiple Ways To Resolve A Divorce
Each family and case is unique. Fortunately, there are several methods of divorce you can choose from to resolve your case. Learn more about the process in Georgia and then contact E.N. Banks-Ware Law Firm, LLC, in metro Atlanta to schedule a consultation with an attorney. You will feel better once you get started and get answers to your questions.
Steps In The Divorce Process
Will Your Divorce Be Contested Or Uncontested?
Determining what type of divorce you will have is one of the first steps. If you and your spouse can agree on all of the elements in a divorce (property division, custody, child and spousal support) then your divorce can be uncontested. If you can’t agree on all of these issues, then your divorce is contested.
You or your spouse will file a complaint for divorce. The spouse who files the complaint is the plaintiff. The person who did not file the complaint is the defendant, and they have 30 days to respond. If they do not respond to the complaint in 30 days, the rest of the divorce process may go on without them.
The Discovery Period
The next step in the process is “discovery,” which means that each spouse and their lawyers will gather the necessary evidence and information from each other. These documents will be used to build the case for each party.
What Type Of Dispute Resolution Will You Use?
Deciding how to divorce is another step in the process. There are several methods of resolving a contested divorce in Georgia. Mediation is very common and is required in some jurisdictions. A neutral third-party mediator helps the couple discuss their concerns and settle on a divorce agreement. People often choose to have an attorney represent them in mediation.
Negotiation is another way to resolve a divorce. In these cases, the parties and/or their lawyers talk through the unresolved issues to reach an agreement. It is an informal process.
A collaborative divorce involves attorneys for each party and the spouses meeting to discuss the contested elements of the divorce, with help from other professionals if necessary. The goal is to reach an agreement; however, if they cannot do so, the attorneys must withdraw and the couple’s case will go to trial.
Traditional divorce litigation is more formal, stressful, lengthy, public, and costly. Depending on the case, the divorce may be decided by a judge or a jury. This is typically the last resort.
Once the couple reaches an agreement, whether through alternative methods or a trial, the final step is to file the agreement with the court.
We Know This Is A Difficult, Confusing Time
We are here to help. Attorney E. Noreen Banks-Ware has more than 30 years of family law experience. You can rely on her for the legal counsel and support you need. Please call 770-679-2617 or contact us online today.