The Drawbacks Of Taking Divorce To Trial
Taking a divorce case to trial comes with several risks and downsides. The outcome of a trial is unpredictable, and you may not necessarily receive a preferable deal compared to what could have been negotiated outside the court.
Furthermore, you and your spouse know your child or children and your financial situation better than anyone else. Hence, decisions related to custody, visitation, and asset division are often better left to the parties involved.
Unique arrangements can be made that a court might not consider. For instance, if one parent works the night shift, it may be advantageous for the other parent to have the child overnight to avoid the need for a babysitter.
Going to trial also involves emotional stress, time away from work, attorney expenses, and the potential for long-drawn-out proceedings. In contested cases, the process could easily stretch to a year or more.
Avoiding Trial In A Georgia Divorce Case
Yes, it’s possible to avoid trial in a Georgia divorce case. Conflicts can often be resolved via negotiation between the parties or their attorneys. Mediation, where a neutral third party helps reach an agreement, is another common method. While the mediator is often an attorney, they don’t have to be. They are, however, specially trained to assist in conflict resolution. Arbitration is another, albeit less common, method to avoid trial.
Interim Custody And Visitation Arrangements
While a divorce case is ongoing, the court can grant temporary custody and visitation. In north-west Georgia, it is often alternating weekends plus holiday time.
However, more cases now see an equal division of time between the parents, such as a week-on, week-off model. Other non-standard arrangements include one parent having every weekend, with the other parent having all the school days. These setups are case-dependent and vary based on each family’s unique circumstances. They are not very common where the parties do not agree unless the parties have been following a non-standard plan during the separation before the divorce started.