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Getting Started in Divorce
One of the first things you will need to consider is whether your divorce will be a contested divorce or an uncontested divorce. Divorce begins when one party files a “complaint for divorce” which is a legal document that explains to the court that a divorce is being sought.
Discovery is the process by which parties gather critical case relevant information and evidence from the opposing party. In a divorce or other domestic relations proceeding, discovery is conducted according to Georgia’s Civil Practice Act.
Alternatives to Trial
The phrase “Alternative Dispute Resolution” or “ADR” refers to any method of resolving a legal dispute other than litigation. The ADR method that is most appropriate for any case depends on the facts and circumstances of that particular case.
If the parties are unable to agree on all aspects of the divorce matter, even after attempts to settle the matter via mediation, arbitration or settlement conferences, taking the matter to trial is the final alternative.
Mediation is a form of alternative dispute resolution where a neutral or impartial person, aka a mediator, facilitates settlement discussions between the parties.Read More
Arbitration is the opposite of mediation in many ways. Arbitration is a form of adjudication where one arbitrator or a panel of arbitrators renders a decision in the case as...Read More
The term “Settlement Conference” can mean one of two things: A judicially hosted settlement conference or an informal settlement conference.Read More
Late Case Evaluation
Late case evaluations generally occur later on in the course of a Georgia divorce. Typically, if the presiding judge or judicial officer believes a late case evaluation may...Read More
At trial, each party is given the opportunity to present his or her evidence and witnesses to the judge or jury presiding over the matter. Although many spouses going through the divorce process in Georgia are familiar with the concept of trial and its purpose, many are not familiar with the specifics of what exactly to expect on their day in court. Below is a step by step outline detailing what generally happens during a Georgia divorce trial.
Filing for Divorce
Does it Matter who Files First?Does it matter who files for divorce first? The answer, like so many in the law, is maybe. In actuality, there are times when you want to file first and other times that it is better to wait.Read More
Filing a Complaint for DivorceA Complaint for Divorce is the legal document that initiates divorce proceedings. In order to begin proceedings, the plaintiff, usually through his or her attorney, must file the original...Read More
Service of ProcessIn Georgia, “Process” consists of the summons and the complaint. Both documents must be served on the defendant in order to initiate a divorce action. In order for service of...Read More