Are you considering a collaborative divorce? An Atlanta collaborative divorce attorney at The Edwards Law Group can explain your options and help protect your interests. We represent individuals and families throughout Atlanta, Georgia. Call (770) 723-7211 today to schedule a case evaluation.
Collaborative divorce allows spouses to resolve important issues without asking a judge to decide every disagreement. The process focuses on cooperation and practical solutions, while each spouse has their own attorney to protect their interests.
How Can The Edwards Law Group Help with a Collaborative Divorce in Atlanta, GA?
Collaborative divorce requires careful planning because decisions about children, property, and finances can affect your family for years. The Edwards Law Group has 50 years of combined experience helping families in Atlanta, GA, resolve divorce and family law matters.
Our Atlanta family lawyers can help you:
- Understand the collaborative divorce process
- Identify the issues that must be resolved
- Gather and review financial information
- Prepare for collaborative meetings
- Negotiate property, support, and parenting terms
- Review proposed agreements
- Prepare documents needed to complete your divorce
Having experienced legal guidance can help you make informed decisions throughout the process. Contact us today to schedule a case evaluation with an Atlanta divorce attorney.
What Is a Collaborative Divorce?
Collaborative divorce is a process in which spouses work to resolve the terms of their divorce outside of contested court proceedings. Each spouse has their own attorney to provide legal advice, help with negotiations, and protect their interests.
The parties agree to exchange necessary information and work toward resolving their disagreements through negotiation. Other professionals, such as financial specialists, may also participate when appropriate. If the spouses reach an agreement, the terms can be put in writing and submitted to the court as part of the divorce process.
What Issues Can Be Resolved Through Collaborative Divorce?
Collaborative divorce can address many of the same issues involved in a traditional divorce. Instead of asking a judge to decide disputed matters, the spouses work with their attorneys to find solutions they can both accept.
Common issues addressed during the process include:
- Division of marital property and debts
- Child custody
- Parenting time
- Child support
- Alimony
- The marital home
- Retirement accounts
- Business interests
Some matters remain subject to Georgia law and court approval. For example, child custody decisions must serve the child’s best interests, while child support is generally determined under Georgia’s child support guidelines.
How Does the Collaborative Divorce Process Work?
The collaborative process generally begins when both spouses agree to use this approach, and each hires their own attorney. The parties then identify their disagreements and exchange the financial and other information needed to make informed decisions.
The spouses and their attorneys meet to discuss possible solutions. Neutral professionals may also participate when additional financial or other expertise would be useful.
If the spouses resolve all outstanding matters, their attorneys can prepare the settlement documents needed to complete the divorce. The agreement is then submitted to the court as part of the process of obtaining a final divorce decree.
How Are Property and Debts Handled in a Collaborative Divorce?
Spouses can use collaborative negotiations to decide how marital property and debts should be divided. Georgia uses equitable division principles for marital property, which means marital assets are divided fairly based on the circumstances rather than automatically split equally.
Property and debts that may need to be addressed include:
- Homes and other real estate
- Bank and investment accounts
- Retirement benefits
- Vehicles
- Business interests
- Credit card balances
- Other marital debts
Full financial disclosure is important because both spouses need accurate information before making decisions. The collaborative process gives spouses an opportunity to negotiate a division they can accept rather than asking a judge to decide for them.
Can Collaborative Divorce Address Child Custody and Support?
Yes. Parents can use collaborative divorce to develop a parenting plan and discuss legal custody, parenting time, and other important decisions involving their children.
Parents may negotiate matters such as:
- Parenting schedules
- Holiday and vacation time
- Decision-making responsibilities
- Transportation between homes
- Communication about the children
- Child support arrangements
Agreements involving children must still comply with Georgia law. Custody decisions must serve the child’s best interests, and child support is generally determined under Georgia’s child support guidelines. Collaborative negotiations can give parents more opportunities to develop practical arrangements while still meeting these legal requirements.
Is Collaborative Divorce Right for Everyone?
Collaborative divorce can work well when both spouses are willing to communicate honestly, provide necessary information, and negotiate in good faith. It can be particularly useful for spouses who want to reduce conflict or preserve a workable relationship after divorce.
However, the process may not be appropriate when there are serious concerns involving domestic violence, intimidation, hidden assets, dishonesty, or a significant imbalance of power. These circumstances may make open negotiation difficult or unsafe.
Choosing a divorce process is an important decision. Reviewing your circumstances with an Atlanta divorce lawyer can help you determine whether collaboration offers a reasonable way to protect your interests.
Contact an Atlanta Collaborative Divorce Attorney for a Case Evaluation
Collaborative divorce can offer spouses a way to resolve important family and financial issues without relying on a judge to make every decision. Whether it is the right choice depends on your relationship, finances, goals, and ability to work toward an agreement.
The Edwards Law Group can help you evaluate the process and understand what to expect. Contact us today to schedule a case evaluation with an Atlanta collaborative divorce lawyer and discuss whether this approach may be right for you.
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