Going through a divorce can feel daunting at the onset, considering all of the moving parts that are in play financially, emotionally, and legally speaking. If you are considering a divorce in Atlanta, Georgia, one of the first choices you will face is whether to pursue mediation or litigation. Both paths can lead to a finalized divorce, but they work very differently in practice.
Getting information on how these two approaches compare can help you protect your interests and make a more informed decision about how to move forward. Read on to learn more.
Divorce Mediation in Georgia
Divorce mediation is a process in which both spouses meet with a neutral third party, a mediator. The mediator helps guide the conversation but does not make decisions for either side. Instead, the goal is for both spouses to work together toward an agreement they can both accept.
Topics covered during mediation often include:
- How property and assets will be divided
- Child custody and visitation schedules
- Child support and spousal support arrangements
- How shared debts will be split between spouses
Mediation also tends to cost far less than going to court, and the process usually moves faster, too. Some couples reach a full agreement in just a few sessions, while in extreme cases, a court battle can drag on for years.
Privacy is another key benefit. Mediation sessions are confidential, so the details of your discussions do not become part of the public record unless they are included in the final court filing.
Divorce Litigation in Georgia
Litigation is the more traditional route when it comes to filing for divorce in Georgia. It involves formal court proceedings in which each spouse has their own attorney, and a judge makes binding decisions on any issues the couple cannot resolve between themselves.
Litigation is generally the better fit when certain challenges are present, such as:
- A history of domestic violence in the marriage
- One spouse hiding assets from the other
- A significant power imbalance that makes fair negotiations difficult
- One party refusing to participate in good faith
While litigation costs more and takes longer, it provides protections that mediation cannot. Attorneys have the ability to subpoena financial records and call on expert witnesses, and the court can issue enforceable orders to protect you or your children when safety is a concern.
Key Factors to Consider When Choosing Between Mediation and Litigation
Many Georgia counties, including those in the Atlanta metro area, require mediation before a contested divorce can proceed to trial. However, choosing mediation on your own from the start can offer several advantages.
Keep the following in mind as you weigh your options:
- Mediation allows both spouses to maintain greater control over the terms of their agreement rather than leaving those decisions up to a judge.
- Litigation may be the better option if one spouse is unwilling to negotiate or if there are safety concerns.
- Georgia law requires a minimum 31-day waiting period after filing before a divorce can be granted, regardless of which approach you choose.
- Having your own attorney review any mediated agreement before you sign it is strongly recommended, regardless of whether the sessions went smoothly.
If mediation does not fully resolve every issue, you can still move forward with litigation on the remaining disputes as well.
Reach Out to The Edwards Law Group for a Free Consultation With an Atlanta Divorce Lawyer
At the end of the day, the right approach depends entirely on the unique details of your situation. Both mediation and litigation have their place; in fact, many couples end up using a combination of the two before their divorce is finalized. Schedule an initial consultation with a Georgia divorce attorney at The Edwards Law Group today to learn more about your best steps going forward.
The Edwards Law Group Atlanta
3621 Vinings Slope SE, #4320, Atlanta, GA 30339
(770) 723 7211
V. Joy Edwards is the founder of The Edwards Law Group, an Atlanta family law firm serving clients across the metro area in child custody, child support, adoptions, prenuptial agreements, and postnuptial agreements.
With over 20 years of experience in Georgia family courts, Joy brings a rare combination of courtroom litigation skill and strategic negotiation, built on relationships developed on both sides of the bench, including her time as Staff Attorney for judges in Cobb County State Court.
The Edwards Law Group is the oldest Black-owned, female-led family law firm in Cobb County, and Joy has earned recognition from Super Lawyers and Top 10 Atlanta Family Law Attorneys. She is a board member of the Stonewall Bar Association and a member of the State Bar of Georgia’s Family Law Section.
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