Do I Have to Go to Court for My Atlanta Divorce?
One of the most daunting aspects of divorce is the thought of going to court. Perhaps you’re a person who likes your privacy. Maybe you can’t stand the bureaucracy of the legal system. Maybe you just want to get your divorce over with as quickly as possible. Whatever the case may be, there are many reasons the litigation process may feel daunting. But is it really necessary? Could an Atlanta divorce lawyer help you handle your divorce without going to court?
You Only Have to Go to Court if Your Divorce Is “Contested”
Going to court is typically only necessary if your divorce is “contested.” A divorce is contested even when the parties disagree on just one aspect of the resolution.
Perhaps you and your ex can’t agree on how to split up your vehicles. Maybe your ex is refusing to move out of the family home. Whatever the case may be, these kinds of disputes may lead to going to court and having your issues determined by a judge.
What Happens During a Litigated Divorce in Georgia?
A litigated divorce follows the same general structure as any other civil case. It often begin with a pre-trial discovery phase. During this phase, both sides will have the chance to gather as much information as possible in preparation for the trial. They may also request relevant information from each other, and both parties generally must provide these documents.
During a hearing or trial, each side will have the opportunity to make oral arguments, present evidence, and question witnesses. At the end of the hearing or trial, a family court judge will decide how to handle the various disputes. The judge will then issue a legally binding court order.
What if I Don’t Want to Go to Court?
If you and your ex can’t resolve your differences through private settlement, you may have no choice but to have a hearing. This highlights the importance of alternative dispute resolution (ADR) whenever possible. If your ex agrees to participate in good faith, you may be able to work out your differences during divorce mediation, arbitration, or collaborative law.
These processes take place during private negotiations. Each side will need to cooperate, make compromises, and try to act in the best interests of the entire family, including the children. If you can iron out your disputes in private, you likely will not need to go to court.
Can a Divorce Lawyer in Atlanta Help Me Avoid Court?
Sometimes, divorce litigation in Atlanta is impossible to avoid. However, you should be able to at least consider alternative dispute resolution, especially if your ex is open to the idea. Learn more about the pros and cons of a contested divorce by speaking with a family law attorney. Once you decide which pathway is right for you, Kaye, Lembeck, Hitt & French can help you take the next steps.
Source:
georgia.gov/file-divorce
