Types of Divorce: Contested, Uncontested and Alternative Dispute Resolution
Whether contested or uncontested, divorce in Marietta or elsewhere in Georgia, can be approached by a law firm with a number of strategies. In fact, points of law are of lesser importance than the emotions, needs and demands of each partner in a divorce. For a couple in Marietta, Cobb County, or metro-Atlanta, uncontested divorce proceedings might mean they have no quarrels with each other over the breakup. Dividing their assets and debts equitably and fairly might be cut-and-dried, particularly if those assets are limited, or if each partner contributed equally to the financial affairs of the household, and neither is inclined to grab a larger share of real estate, savings, or other assets. If there are no children in the marriage, a couple typically has even fewer points over which they disagree.
The disagreement of the two parties, played out in separation and divorce proceedings, might be over one or more of the following (there are 13 separate grounds for divorce recognized in Georgia):
Unhappiness with parting. Simply, one spouse would rather keep the marriage intact and will consequently argue over the loss of assets or against shared child custody.
Unhappiness with a spouse's conduct. When, for example, one spouse in the divorce accuses the other spouse of infidelity.
Disagreement on asset and debt allocation. Often, one spouse feels entitled to more of the marital assets, and in such situations, there may be a more protracted fight between the parties over assets.
Disputes regarding child custody. This can be a sore spot in divorce. An objective of every couple should be the emotional, physical and financial well-being of the children.
Lack of agreement on maintenance (alimony). If there is a significant difference in incomes between divorcing spouses, alimony may need to be negotiated as a part of the settlement terms.
Resolving any of these issues in court can be unwieldy, time-consuming, and expensive, due to the additional attorney fees required and the other expenses of litigation. To simplify divorce proceedings, our legal system has devised Alternate Dispute Resolution (ADR) procedures, which include several different options:
Collaborative Process: The parties agree not to litigate, but instead resolve disputes through mutual cooperation and a team approach using several professionals. Potentially less expensive, collaborative divorce affords greater privacy than courtroom litigation. While a relatively new approach, the collaborative process in Marietta or elsewhere in Georgia is a path to be considered.
Mediation: A third-party mediator helps work out resolutions to some or all issues outside the courtroom; this empowers the couple to identify settlement terms rather than having the judge impose them. Both parties are usually happier when they have input into the final settlement as opposed to having the government (a judge) impose its will on the family.
Arbitration: A process that might be described as a private trial, where the third party, the arbitrator, renders a decision, but in a confidential, faster and less expensive process, that tends to be less adversarial.
