How Easy Is an Amicable Divorce in Georgia?

If you and your spouse mutually agree that divorce is the best option, you may experience significant advantages as you end your marriage. Unlike spouses who disagree on virtually every aspect of divorce, you might be able to handle your disputes in a cooperative, civil manner. But how easy will this process be? This all depends on the unique circumstances of your marriage, and you might want to discuss the next steps with a divorce attorney in Atlanta.

There Is No Mention of “Amicable Divorce” in Georgia’s Family Laws 

First, you should know that “amicable divorce” is not a recognized legal term in Georgia. This is more of a psychological concept that involves a smooth process with mutual understanding from both spouses. Spouses pursuing amicable divorces typically remain friendly with one another and express minimal bitterness or resentment during the process.

The relevant legal term in this scenario is “uncontested divorce.” If you pursue an uncontested divorce, you do not need to go through a trial. Instead, you can work out your disputes during private negotiations. Once you figure out how to handle alimony, child custody, property division, and child support, you can put all of these agreements into writing. Next, a judge approves and signs this agreement during a basic hearing , making it legally enforceable.

 Uncontested Divorces Aren’t Always Amicable 

With that said, uncontested divorces aren’t always amicable. During private negotiations, spouses may argue constantly about how to handle the various aspects of their divorce. Some cannot even stand being in the same room, and they must conduct these negotiations with the assistance of a skilled family law mediator.

Uncontested Divorce Can Be Much Easier

 If handled correctly, an amicable, uncontested divorce can be much easier than a combative, litigated divorce. Many spouses save considerable sums in legal fees by avoiding trials. In addition, they may experience a more relaxed, stress-free environment during these negotiations. Confidentiality is another major advantage, allowing spouses to discuss sensitive or embarrassing subjects without the oversight of the entire courtroom. Remember, all discussions during trials go on public record and anyone could theoretically access these details.

Uncontested divorces can also be much faster. While trials may drag on for months or even years, it is possible to finalize mediation within weeks. These discussions may wrap up quickly to the extent spouses are willing to compromise. Finally, mediation can be a much more flexible process, giving each spouse more control over the outcome of their case, as well as their future.

Can an Atlanta Family Law Attorney Help Me With My Amicable Divorce? 

A family law attorney in Atlanta may be able to help you pursue an amicable divorce. In practice, this might involve an uncontested divorce resolved through mediation. This cooperative, civil approach can be advantageous in various ways. That said, a smooth process is not guaranteed simply because you and your ex agreed on getting a divorce. Consider contacting Kaye, Lembeck, Hitt & French today to plan for a streamlined divorce.

Sources: 

georgia.gov/file-divorce

apa.org/topics/divorce-child-custody/healthy