Going through a divorce is one of the most stressful things life can offer you. Even an amicable relationship with your spouse can go off the rails, especially when finances and children are involved. Disputes are a standard part of divorce and, if they get out of hand, can cause the divorce process to become lengthier and more expensive. It is necessary to discuss the details of the divorce with an experienced Carrollton family law attorney. Your lawyer will answer your questions and help guide the process to make it easier and less stressful.
Preventing Disputes
The best way to ensure a smooth divorce is to try to prevent disputes from occurring. Preventing disputes is much easier to do ahead of time rather than when you are in the heat of a separation. A prenuptial agreement is a legal document that provides details for how you will distribute assets and debts in a divorce. To be effective, a prenuptial should be as detailed as possible so it can be drafted and implemented by an attorney. This will ensure that the prenuptial cannot be successfully disputed in a divorce. It is important to note that Georgia does not have a prenuptial statute in place; however, they have been upheld in legal precedence.
Resolving Disputes
Disagreements are quite common in divorces. For some, the only way a disgruntled spouse can show their anger in a divorce is by disagreeing and making the process as difficult as possible. In Georgia, marital property must be distributed equitably between parties in a divorce. Marital property is anything that you acquired after the marriage, making a judge’s job especially tricky when dividing assets.
There are only a few exceptions to marital property. Property that you owned before you married is separate. Any inheritances or gifts that you got during the marriage belong to you alone. Your attorney will be instrumental in trying to clear up minor disagreements about property distribution.
Alternative Dispute Resolution – Mediation
The court expects couples to resolve their differences before they get to court. If couples cannot agree to the settlement terms of the divorce, the judge may require them to participate in mediation. A mediator is a professional who is trained to guide couples through dispute resolution. If you have one or two issues that you can’t resolve, mediation may be helpful. You can seek private mediation on your own, or the court may order mediation. Most disagreements can be resolved through mediation. If a dispute continues and the couple is unable to resolve it, even after diligently trying, the court will make the decision. Remember that the decision the court makes may not be agreeable to either party.
Hire a Carrollton Divorce Attorney
Many disagreements will be resolved more quickly with help from your attorney. Your lawyer will discuss the issues with you and help you understand your options. You may find that it may be better to try to resolve the issues through compromise rather than allowing them to drag out the divorce process. When you get the legal help you need at the beginning of the divorce, it can help the entire procedure go more smoothly and that means less stress and turmoil for you and your family. Contact our family law team at Moffitt Law, LLC, to discuss your divorce questions and concerns.
