Divorce is rarely easy, and nobody enjoys the process of going to court to fight over finances and custody. Going to court can be a long and grueling process. You may face a drawn-out battle in court if you have property or asset disputes.
Fortunately, you may not have to go to court with your issues. The solution to your problems could be as simple as going to mediation. This guide will help you determine if mediation is a good idea for your case.
Georgia Divorce Laws
Georgia is considered an equitable division state, meaning that each spouse typically retains the money and property he or she is solely attached to. Upon dissolution of a marriage, each party may be required to split assets and debts in a way that the state's courts agree to be fair, though not necessarily perfectly equal.
Additionally, marriages involving children require that both parties provide financial support for them. Even after marriage, an individual must meet financial obligations for minors.
Benefits of Georgia Divorce Mediation
Divorce mediation comes with many benefits. First, the process is often less costly. You can not only avoid paying court fees but also pay less for an attorney when you consider mediation.
Mediation is also typically less time-consuming and less stressful than going to court. You have more power over the length of the process. As a result, you also have more control over the settlement or agreement you come to. Your future is not entirely in the hands of the judge.
Good Divorce Mediation Scenarios
Georgia divorce mediation involves knowing which scenarios will work and which may require going to court for resolution. Speaking with your attorney can help you determine which cases are best suited for mediation rather than court.
Divorce mediation works well when you are concerned with keeping your children out of the proceedings as much as possible. If you want you and your partner to split time with the children equally, mediation may help you achieve this goal. In order for this to happen, each party must trust the other as a parent who can make wise decisions.
Mediation is also ideal for individuals who want to keep the proceedings peaceful. The divorce must be mutual with no desire to reconcile. Otherwise, you may face some conflict from these unresolved desires.
Mediation can be quick, lacking the back and forth communication of divorce. If you want to get the divorce over with, you may be able to rely on mediation. Finally, both parties must understand the financial issues involved for mediation to work. Each party must have a realistic view of a financial settlement.
Bad Divorce Mediation Scenarios
Mediation does not always work, and recognizing these potential scenarios early on is important. For instance, mediation is not for relationships in which one party is incapacitated due to a medical issue, psychological issue, or substance abuse issue. As an example, an individual experiencing the symptoms of dementia is not fit to attend mediation. Court is more appropriate.
In order for this process to work, one party cannot have fear of the other. Mediation is not for couples that have experienced domestic violence or when a restraining order is currently in effect. Neither spouse can be hiding assets in order to follow through with the process. Mediation requires transparency of all financial assets.
Finally, mediation often doesn’t work when one party is desperate for the other to acknowledge wrongdoing or blame. These unresolved matters must not be brought into proceedings.
While you may not need an attorney for mediation, you are always wise to seek legal counsel before the proceedings. Set up a consultation with A. B. Olmos & Associates PC today to learn more about your options.