While the divorce process in Georgia is not overly complex, family law attorneys often hear complaints: Why does it take so long? Why do we have to go to court if we've settled everything? Why is our court date so far away? Why is there so much paperwork for a simple divorce?
The residents of Georgia are certainly not alone in their complaints about the divorce process. France is currently considering a plan to allow uncontested divorces to be finalized without the approval of a judge. Divorce Without Judges? France Considers Plan ToSimplify Legal Process, Associated Press, huffingtonpost.com, 1/3/14. Under the proposed plan, a court clerk, rather than a judge, could approve divorces when both spouses agree. According to the Le Figaro newspaper, under the current plan, couples in an uncontested divorce (which make up 54% of French divorces) spend an average of only eight minutes in front of a judge.
According to the above article, proponents of the proposed plan argue "court clerks are highly trained in the law and could handle those cases, freeing up judges for trickier breakups." These proponents point out that the divorce rate is 50%, so there is no reason to make it more difficult. Opponents of the proposed plan argue "the proposal will further weaken the institution of marriage, as well as make agreements harder to enforce." They allege that taking away a judge's approval may make some divorcing people believe that they did not get a good deal in the divorce.
It will be interesting to see where this proposal goes and, if it passes, whether other countries may follow suit. We'll keep an eye on this one.