Divorce, a challenging process for anyone experiencing it, can become less stressful by understanding the different types it entails in Georgia. Recognizing five distinct types of divorce, Georgia ensures that each type has specific requirements and outcomes. Let’s delve deeper into each type to gain a better understanding.

Uncontested Divorce

Considered the quickest and least expensive type, an uncontested divorce in Georgia occurs when both spouses mutually agree on all terms, including child custody, support, and property division. Typically, an uncontested divorce can be completed with just one hearing, requiring little involvement from lawyers.

Contested Divorce

When spouses fail to reach an agreement on the terms of the divorce, a contested divorce becomes necessary. This type of divorce often takes longer, involves multiple hearings, and mandates the involvement of lawyers. Generally, a judge will make final decisions regarding custody, support, and property division.

Fault Divorce

Georgia law permits fault-based divorces, enabling one spouse to allege the misconduct of the other as the reason for terminating the marriage. Grounds for a fault divorce encompass acts such as adultery, desertion, cruel treatment, and habitual intoxication. However, proving fault can be challenging and may lead to a longer and more complex legal process.

No-Fault Divorce

In recent years, no-fault divorce has become the most common type in Georgia. This form of divorce does not require proving fault on the part of either spouse. Instead, it necessitates demonstrating that the marriage is irretrievably broken and cannot be salvaged. For a no-fault divorce, spouses must be separated for at least 30 days before filing.

Mediated Divorce

Through a mediated divorce, couples employ the services of a mediator to assist in reaching an agreement on the terms of their divorce. This process may involve numerous sessions, during which the mediator aids the couple in discussing and negotiating issues, such as the division of property, support, and custody. Once an agreement has been reached, the mediator will draft a formal document that can be submitted to a court.

Conclusion

While each type of divorce possesses unique aspects and requirements, comprehending the different options can help spouses select the best fit for their circumstances. Whether opting for an uncontested or contested divorce, fault or no-fault, or a mediated divorce, seeking the guidance of a qualified lawyer is essential to ensure a smooth process.