Divorce requires spouses to resolve various issues before they can move forward following the end of a marriage. Common concerns between parties to a divorce in Georgia may include custody issues, child support or alimony, and division of property or other shared assets.
Depending on the circumstances, reaching an agreement with your ex on all relevant issues may not be easy or possible. Arbitration for divorce in Atlanta, GA is an alternative form of dispute resolution that couples can engage in to resolve disputed areas where negotiation is unlikely or not possible. Reach out to our trusted team of divorce attorneys to learn more about your options.
In many divorces, the parties can first attempt to resolve the disputed issues with the help of their lawyers through negotiations. However, negotiations are not always successful, and while there may be some issues that the parties can agree upon, others may require intervention by the family court or, if the parties agree, through an arbitrator.
In arbitration for an Atlanta, GA divorce, a neutral third party serves as the adjudicator or decision maker on outstanding issues relating to the dissolution of marriage. The appointed arbitrator will hear each side’s arguments and demands during the arbitration. After hearing both perspectives, the arbitrator will decide on each outstanding issue. An arbitrator can decide custody, financial support, and divisions of assets. Depending on the type of arbitration agreed upon at the outset, the decision is either final or the case may continue to court, if necessary.
When arbitration is binding, the parties that enter must accept the arbitrator’s decision as final. There is no appeals process in a binding arbitration. In non-binding arbitration, the parties submit to a resolution by the arbitrator. If there is a disagreement as to the decision of the arbitrator, the party that objects to the resolution can go on to seek an appeal with the Georgia courts through a trial process. To avoid surprises following an arbitrator’s decision, a divorcing couple must understand the type of arbitration they submit to when entering. Our trusted team can help ensure parties are aware of their rights and obligations.
There are different motivations as to why a divorcing Atlanta, GA couple may choose arbitration to resolve their divorce matter. Time is a common motivation, as arbitration can result in a much quicker resolution than through the Georgia family court. Cost can also be a determining factor as it can often cost less for parties to reach a resolution through arbitration than going through the litigation process.
Divorcing spouses can reach a resolution to contested issues in different manners. Other options in addition to arbitration include negotiation, mediation, or a trial in court. Couples should discuss their options for dispute resolution, including their benefits and potential disadvantages, with an attorney who is aware of their unique circumstances.
A spouse may seek the help of an arbitration lawyer to represent them and their interests through an arbitration proceeding. This legal advocate can help the party understand the type of arbitration they are facing and what their rights and obligations are, as well as oversee the proceeding to ensure the decisions that are made reflect their needs and wishes. Additionally, if the spouse already has a divorce attorney, they may seek out an arbitration lawyer to serve as the neutral third-party adjudicator in the case.
When you are facing arbitration for your divorce case in Atlanta, GA contact our firm to discuss your needs. Our team can help you work toward a beneficial resolution.