Note: This content is for informational purposes only. Our law firm does not handle matters involving collaborative divorce.
The divorce process in Georgia can involve a lengthy and costly court battle. However, other options exist for couples who want to dissolve their marriage. If you and your spouse are willing to work together and be flexible in resolving your differences fairly and equitably, a collaborative divorce might be right for you.
A collaborative divorce can be a much less stressful way to resolve your differences during a divorce. Even though you and your spouse might have differences, maintaining a positive working relationship is essential if you have children. With the help of our Marietta collaborative divorce attorneys, you and your spouse can avoid having a judge make decisions for you.
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How Can a Divorce Attorney Help With Your Divorce in Marietta, Georgia
Divorces involve many different issues. Depending on your situation, you and your spouse might need to resolve issues related to property division, child custody, and spousal support. Whether you are dealing with a simple, uncontested divorce or a complex, contested divorce, collaboration benefits both parties.
A Marietta divorce attorney at Better Law can help you explore your options. Collaborative divorces can be less stressful and result in divorce terms that benefit you and your family. However, they are not suitable for all parties, so we help you weigh the pros and cons to determine what is best for your future.
When you hire our top-rated Georgia divorce attorneys, you can trust that we will:
- Listen to you as you explain your situation, goals, and desired outcome
- Explain your divorce options and how those options may or may not achieve your desired outcome
- Analyze your financial situation to determine how child support and alimony impact your divorce
- Prepare and file all documents related to your divorce and appear with you at all court hearings
- Work with you to develop a strategy for a collaborative divorce to achieve a fair agreement for divorce terms
- Work with experts and professionals to mediate a fair divorce settlement
- Proceed to court and aggressively litigate your case, if necessary
Our Marietta family law practice is centered on client satisfaction. We understand that you are going through one of the most challenging and emotional experiences of your life. Our legal team at Better Law is here to help you by providing support, guidance, and legal advice so you can move forward with your life.
What Is a Marietta Collaborative Divorce?
Collaborative divorce is a form of ADR (alternative dispute resolution). ADR is a way of resolving disputes without litigation.
Instead of going to court to argue their case before a judge, spouses work with lawyers and other professionals to negotiate a divorce settlement agreement. The cooperative nature avoids many of the downsides of divorce litigation.
A collaborative divorce can resolve all divorce issues, including:
- Child custody and visitation
- Property division
- Spousal support
- Child support
- Division of marital debts
The collaborative divorce process is voluntary. Both spouses must agree to collaborate to resolve their divorce. If either spouse does not want to collaborate, the divorce case moves forward through the traditional divorce process.
How Does a Collaborative Divorce Work in Marietta, GA?
First, the spouses hire a Marietta collaborative divorce lawyer. Each spouse must have a different attorney representing them throughout the process. The parties sign a collaborative divorce agreement outlining their agreement to work together to settle their divorce through alternative dispute resolution.
The parties work with their collaborative divorce attorneys to identify their goals and desired outcomes. Their attorneys develop strategies for negotiating agreements that achieve their clients’ goals and protect their best interests.
The parties and their attorneys meet to discuss the divorce terms and negotiate a divorce settlement. The lawyers and spouses might meet several times throughout the collaborative divorce process. Additionally, the parties might hire one or more professionals to help them resolve their disputes.
Professionals and experts that could help spouses with divorce negotiations in a collaborative divorce include, but are not limited to:
- Accountants and financial professionals
- Real estate appraisers
- Financial planners
- Child custody specialists
- Psychologists and counselors
- Business appraisers and evaluators
- Estate planning professionals
- Parenting coordinators
Working with professionals and experts helps spouses discuss various solutions and options they might not have considered. With more information, spouses can make decisions with a focus on their future.
Once the parties reach an agreement, one of the attorneys drafts a divorce settlement agreement. The parties sign the agreement, which is filed with the court for the judge to consider.
The judge reviews the agreement to ensure it complies with the law and that the terms related to the children are in their best interest. The judge can change the terms of the agreement if it would harm the couple’s children.
Why Should You Get a Collaborative Divorce?
It’s More Cost-Effective
Although collaborative divorce involves legal fees, it is significantly more affordable than litigation. Unlike contested divorces, where a large portion of assets can go toward attorney fees, a collaborative approach helps preserve more of the couple’s financial resources.
It’s Faster Than Litigation
The time required for a collaborative divorce depends on the complexity of the case. However, it is generally a much quicker process than a traditional contested divorce, which can drag on for months or even years in court.
It Reduces Conflict and Stress
Unlike courtroom battles that often turn hostile, a collaborative divorce promotes a cooperative atmosphere. Instead of aggressive legal tactics aimed at discrediting the other party, collaborative divorce lawyers focus on open discussions and fair resolutions, making the process less emotionally taxing for both spouses.
If you’re considering divorce, working with collaborative divorce lawyers can help you reach an amicable settlement while protecting your interests.
What Happens if Spouses Cannot Agree in a Collaborative Divorce?
When spouses sign a collaborative participation agreement, they certify their willingness to settle their divorce without litigation. They also agree they must hire new attorneys to proceed to court if the negotiations fail. Either party can hire a new Marietta divorce attorney, file a divorce petition, and argue the case in court.
What is the difference between a collaborative divorce and a regular divorce?
The main difference between a collaborative divorce and a regular divorce (also known as a litigated divorce) lies in how disputes are resolved.
Regular Divorce (Litigated Divorce)
- Begins with filing a Petition for Dissolution of Marriage in court.
- Divorce attorneys represent each spouse, negotiating terms or presenting arguments in court if no agreement is reached.
- If spouses cannot agree, a judge—who has no personal knowledge of the family—makes final decisions about property division, child custody, and other matters.
- The process can be lengthy, expensive, and emotionally stressful.
Collaborative Divorce
- Both spouses work together with their attorneys to settle their issues outside of court.
- Additional professionals, such as financial neutrals and mental health coaches, help guide discussions and ensure fair resolutions.
- Instead of a judge making decisions, the spouses create their agreements tailored to their unique situation.
- The process is typically faster, less expensive, and more amicable, with fewer post-divorce disputes.
By choosing collaborative divorce attorneys, couples can navigate their separation with less stress and greater control over their future.
Pros and Cons of a Georgia Collaborative Divorce
There are many advantages and disadvantages of collaborative divorces.
Benefits of a collaborative divorce include:
- Lower the costs and fees to obtain a divorce
- Reduce the stress and emotional toll of a divorce action
- Offers flexibility to design divorce terms that are best for all parties
- Maintain a positive relationship between spouses to co-parent
- Have more control over the decisions made regarding the divorce
- The collaborative divorce process is more private and confidential than a divorce through the court
- Reduce conflict, which benefits the spouses and their children
Even though the benefits of a collaborative divorce often outweigh the disadvantages, it might not be the best option for all couples. For example, a collaborative divorce is impossible if the parties cannot agree on all issues.
Parties unwilling to compromise or unable to communicate may not be able to negotiate a settlement. Furthermore, the collaborative divorce process might not be appropriate when there is a history of domestic violence.
What Are My Options if a Collaborative Divorce Is Not an Option?
If you have questions about the collaborative divorce process in Marietta, talk with a family lawyer. An attorney evaluates your situation to advise whether a collaborative divorce might be possible.
You can file for divorce if your spouse does not want to enter a collaborative participation agreement. The divorce process in Georgia begins with filing a divorce petition. Then, the petition is served on your spouse.
You can file for divorce in Georgia on fault grounds. Fault grounds include:
- Adultery
- Impotence at the time of marriage
- Cruelty and abuse
- Abandonment and desertion
- Pregnancy by another man
- Alcoholism or drug addiction
- Conviction of a crime with a prison sentence of more than two years
- Fraud or force at the time of the marriage
- Insanity
With fault grounds, you must prove that your spouse is guilty of the specific grounds to obtain a divorce. It can be challenging to prove fault in some cases.
You can also file for divorce because the marriage is irretrievably broken, and there is no chance for reconciliation. The no-fault grounds do not require you to prove wrongdoing. Instead, neither spouse is to blame.
Your spouse has a specific time to respond to the divorce papers by filing an answer or other pleadings with the court. The law requires both spouses to attend a mandatory parenting seminar if they have children. You do not need to participate in the seminar together.
If you and your spouse do not reach a settlement, the case proceeds with discovery, pre-trial motions, and a hearing. The judge could order mediation to help you and your spouse resolve some of your issues.
You and your spouse present testimony and evidence supporting your position at the trial. The judge hears the evidence and decides the issues based on the law and the evidence.
The downside of divorce litigation is time and money. However, allowing a judge to decide issues for your family is also a downside. The judge does not know you or your children, so their decisions might not benefit your family.
If you can resolve your disputes with your spouse outside of court, it generally produces better divorce terms.
Schedule a Confidential Consultation With Our Marietta Divorce Attorneys
How do you get a divorce in Georgia? First, you need to talk with an experienced Marietta divorce attorney. Contact Better Law to meet with an attorney to discuss your divorce options.ce options.