In a divorce, the spouse who initiated the filing is referred to as the plaintiff or petitioner, and their attorney assists with keeping the case moving forward according to Georgia law and advises the party in finalizing the divorce, whether through agreement or litigation. The spouse who is responding to the divorce is referred to as the defendant or respondent, and their lawyer helps manage response deadlines and ensures the case does not get finalized without the party’s input and participation. They may also advise the party in agreements or during litigation.
An Alpharetta judge presiding over the divorce proceedings has the responsibility of ensuring all final documents comply with Georgia constitutional and statutory requirements. They also hear any cases presented to them and have the authority to issue binding final decisions over the parties. If the parties independently work out an agreement, a judge must read it over to make sure all requirements are met.
A divorce coach can work with a party to help them through the overall life transition of divorce. They can provide resources to help with long term financial planning, career transitions and planning, and wealth management. Additionally, a mediator could work with both parties to facilitate discussions to help them reach a final agreement and settlement. The mediator should be neutral and cannot give legal advice or make any sort of final decision. For more information about the process of getting a divorce in Alpharetta, contact our team today. Let an experienced divorce attorney help.
Children involved in a divorce should be the focus of settlement. Therefore, the divorcing parties must determine custody, parenting time, child support, and other various factors for the children like who makes final decisions, who covers health insurance, who pays for uncovered medical expenses, who pays for extracurricular activities, and whether the parties want to continue to work together to plan for college expenses. A judge will consider the best interests of the children when deciding on these matters.
The process of getting a divorce in Alpharetta begins by filing an in-person or online complaint, which must be served to and signed by the defendant or respondent who can also bring their own counterclaim for divorce. If there are children involved, each party must also take a co-parenting webinar and file a certificate of completion with the court. These webinars exist to provide resources and information on how to co-parent after divorce.
There is a mandated 31 day waiting period thereafter before a divorce can be finalized, during which the parties can work toward a final agreement. This is simply to make sure a couple is set on their decision and do not end up reconciling or getting back together before a lawsuit is already underway. An uncontested divorce could take as little as two months because of the waiting period, whereas the process can take a year or more if the parties have to resort to litigation.
Only a small handful of divorce cases proceed to trial, as most either settle in full or at least reach a partial agreement. When a couple reaches the latter, a judge only has to make decisions on certain issues.
Trials can be lengthy, time consuming, and expensive and typically entail each party and their attorneys presenting arguments and evidence to a judge. Depending on the complexity of the issues, this process can take several days or over a year. At the end of a divorce trial, a judge would make a final ruling that is legally binding to the parties.
Consulting with a skilled lawyer and filing in the correct county can help claimants avoid having their cases either dismissed or transferred somewhere else. Divorces can be emotionally taxing, and it is sometimes difficult for involved parties to adhere to logic and objectivity during court proceedings. For these reasons, it could be crucial to seek qualified legal guidance from a lawyer who is familiar with the local divorce courts. Call our firm today for more information about the process of getting divorced in Alpharetta.