In the process of ending a marriage in Georgia, couples are encouraged to resolve as many of their differences as possible to facilitate the process. For some spouses, it may be possible to come to a mutually satisfactory written agreement detailing how they plan to handle such matters as:
• Child custody arrangements
• Dividing jointly owned property
• Paying off jointly acquired debts
• Visitation rights for the non-custodial parent
• Child support payments
• Alimony payments
When this is not possible, couples may choose to pursue divorce mediation in Georgia. In this process, both spouses commit to a meeting or series of meetings at which a neutral third party helps them discuss and resolve any areas of disagreement. This is a voluntary procedure if both spouses consent to the divorce.
If one partner disputes any part of the divorce petition, they must file a formal response with the court. In such cases, a judge will probably require the couple to have at least one session of divorce mediation in Georgia. This will almost certainly be the case if any of the disagreements involve issues that may affect any minor children. While any initial meeting may reveal no compromise can be reached, it is important to at least attempt the process. Spouses who have been the victim of domestic violence may request that they be exempted from this process.
The state of Georgia does not require that the person offering their services as a mediator be a practicing attorney. However, anyone who practices divorce mediation in Georgia must be registered with the Georgia Office of Dispute Resolution.
There are many forms these kinds of sessions may take. For some couples, it may be possible to resolve all their difference during one meeting. In other cases, there may be many sessions involved. At no time are the statements of either party during this process considered court evidence. This is designed to encourage both spouses to speak freely in order to clarify the issues at stake and what outcome they would find satisfactory.
Some couples may request the presence of a co-mediator. This may mean that one mediator is male and the other is female, or that one is a lawyer while another is a health care professional. Depending on the nature of the dispute, different kinds of expertise may be helpful. If the spouses are especially at odds, it may be necessary to sequester them in different rooms while a mediator goes back and forth between the two.
The main advantage of entering divorce mediation in Georgia is that couples can emerge from the process with a written separation agreement to present to a judge. This eliminates the uncertainty that can come with hoping a judge rules in one or another party’s favor. Additionally, while mediation is generally not free, it will be a much less expensive process than hiring an attorney to represent you in family court.