Divorce Mistakes
At Meriwether &
Tharp, we understand that divorce is likely to be a difficult time in one's
life. Since divorce can be tough, we do our best to educate our clients about
ways to make the divorce process as simple as possible. Below, we will discuss
some avoidable divorce mistakes.
Mediation
Mediation is a type
of alternative dispute resolution, where a neutral or impartial person (the
mediator), facilitates settlement discussions between the parties. Many Georgia
courts will require parties to attempt a settlement before coming to court.
Do not make the
mistake of failing to take mediation seriously. Although negotiating and
settling your case through mediation does cost money, it can save you thousands
of dollars in your case by eliminating the need for a final trial.
Discovery Deadlines
In a divorce case, each
party to the case has a right to conduct Discovery to gather information
related to the case. The Discovery period lasts 6 months from the date the Respondent
files an Answer to the Complaint. Discovery methods include Interrogatories
(questions), Request for Production of Documents, Requests to Admit, and
Depositions.
If a party fails to
respond to Discovery, or responds insufficiently, Georgia law requires the parties to
attempt to resolve the dispute. If the parties cannot settle the Discovery
dispute, the requesting party may file a Motion to Compel. If the court grants
the motion, the party who failed to adequately respond to Discovery may be
ordered by the court to pay sanctions and/or attorney's fees.
Failure to Respond to Complaint
When someone is served
with a Complaint for Divorce, they have 30 days to respond by filing an Answer.
By failing to file an Answer within 30 days of being served with the Complaint,
he or she waives all future notice regarding the trial of the case, and a
judgment may be entered without their knowledge. It may also be difficult or impossible
to reopen the case or to have the judgment set aside.
Divorce mistakes can
be costly and/or cause the divorce process to be longer. Contact us today for a
free consultation with an experienced divorce attorney.
Written by: Rebekah
Ann James