Best Options For Settling Divorce In Georgia

What Is Considered Abandonment In A Georgia Divorce

The best option for settling a divorce or custody issue is mediation. Mediation works very well if you want to settle your case out of court. Sometimes with negotiations, parties choose to speak only through their attorneys because they feel too strongly about the issues and are very emotional. The mediator helps bring a dose of calmness and reality to discussions.

Attorney Nancy Burnett finds mediation very helpful. Along with mediation, she advises that having the right attitude helps your case. If you’re going into negotiations or mediation, you need to realize you’re not going to get everything you want. You can work to get the best deal possible, but don’t assume that you’ll get everything you want.

What Generally Leads Divorce & Custody Cases Into Litigation?

People with hurt feelings and a strong desire to be heard generally lead divorce or custody cases to litigation. Attorney Nancy Burnett has seen many instances where a person went through with litigation for no good reason. Sometimes, only after the client has testified in court are they ready to settle the case. At this point, you realize that they just wanted to be heard.

And then, some people bring their case to litigation because their feelings are hurt, and they want the judge to validate their right to hurt feelings. But, still, litigation is not about having your feelings validated – and it’s not really about getting the chance to be heard. Litigation is expensive, time-consuming, and stressful. As such, it’s always a good idea to use it as a last resort.
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If We Cannot Agree On A Resolution, Will My Divorce Or Custody Case Go To Trial?

If you cannot agree on a resolution, your divorce or custody case will continue to trial. However, there are cases where no facts are at issue, and one party or the other can ask the court to decide without a trial. For the court to make a determination without a trial, you file a Motion for Summary Judgment, but this is extraordinarily rare in divorce and custody cases.

Is It Usually In Everyone’s Best Interests To Reduce The Use Or Exposure Of The Court System In Divorce Or Custody Issues?

It’s good to avoid going to trial because you never know what a judge will do. If you settle ahead of time, you’ve got an inevitable outcome. You also have more control over what happens in your and your children’s lives.

By working to resolve family law issues outside of a court, you can avoid the stress of going to court, the financial burden of paying your attorney, and the time off work needed to go to court. What’s more, if you’re stressed out and in a custody battle, the kids will probably be stressed out too. This is crucial to remember because your uncertainty and worry about what’s going to happen impacts them.

Are There Ways People Can Prepare Themselves Financially Or Otherwise Before Initiating A Divorce?

People can prepare themselves before a divorce by having enough money saved for their attorney and some living expenses.

Suppose you and your spouse have been covering everything jointly, but now you’re going to have to do it yourself. In that case, you should have savings for a security deposit on a new apartment or a down payment on a new house. Or, if you’re going to keep the house instead of paying the mortgage fifty-fifty, you might suddenly have to pay it yourself.

You want to be financially ready for those things. Other things you can do is to have important papers either stored somewhere out of the house or copied. You never know when you might need birth certificates, social security cards, or your marriage certificate.

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If I Move Out Before My Spouse Or I File For A Divorce In Georgia, Will I Lose Rights To The House?

If you move out before filing for divorce, the court may decide that the other party gets the house pending the divorce. But once you get to trial and the divorce will be finalized, the court decides who gets the home. In some cases, the court may decide that you two are to sell the house and split the profits, which will also depend on the home’s value and equity.

Is There Any Benefit Of Being The Person Who Files For Divorce?

Being the person to file for divorce often allows you temporary custody if you have grounds for an ex-parte order. You can also sometimes get the exclusive use and occupancy of the marital residence pending the divorce if you file first.

If I Leave My Spouse, Am I Allowed To Take My Children Under The Georgia Law?

If you’re married and have children born during the marriage, those children have equal rights to each parent. So, you can take the children with you, or the other side could take them.

Determining which parent gets temporary custody is a precarious situation. There’s no presumption that either parent has the right to the children until there is a court order.

If I File For Divorce After Leaving My Wife, Kids, And Home, Is That Considered Abandonment?

You must be apart from your family for at least a year for your situation to “qualify” as abandonment in Georgia. So, there can’t be abandonment in less than a year.

With the guidance of a skilled attorney for Family Law Cases, you can have peace of mind knowing that Nancy Burnett will make it look easy.

For more information on the Best Options For Settling A Divorce Or Custody Issue In GA, an initial consultation is your next step. Get the information and legal answers you seek by calling her office at (706) 287-5152 today.