Are There Separate Trials for Custody and Property Division in Atlanta?

Divorce proceedings are distinct because they involve incredibly varied issues. While a personal injury case might focus entirely on one specific accident, a divorce trial can cover years of financial activities, parenting behaviors, and many other subjects. An average spouse might feel that the best way to deal with these issues is to divide them into separate trials. But is this really possible? Can a divorce lawyer in Atlanta help you make sense of the legal process ahead?

You Can Handle Certain Aspects of Divorce Outside of Court

First, you should know that a contested divorce may only involve certain subjects. For example, you might agree with your ex about every aspect of the divorce except child custody. You may have attempted mediation, and this process may have been only partially successful. Perhaps you could not find common ground when discussing child custody with your ex. If this is the case, there is no need to discuss the previously agreed-upon subjects during a trial. Litigation may only be necessary to resolve the child custody disputes.

Note that even if you fail to agree on a single aspect of the divorce, your divorce will be “contested.” An “uncontested divorce” can only occur if you agree with your ex on every single aspect of the split. If you’re going to attempt mediation, you should negotiate in good faith and avoid this eventuality. Litigation is more expensive and time-consuming, even if you only have to resolve a single aspect of your divorce, such as child custody.

What Is a Bifurcated Divorce Trial?

A bifurcated divorce is one that is split into two parts. While rare, this could potentially lead to two separate “trials” over separate divorce-related topics. For example, one trial might address property division, while another trial might address child custody. There are only a few legitimate reasons to attempt this process, and family courts rarely allow spouses to bifurcate their divorce trials.

Most Divorce Trials Cover All Issues

During a typical contested divorce, the family court attempts to address all divorce-related issues during the same overall legal process. These steps include property division, alimony, child support, and child custody.

These separate issues may be connected with each other in various ways. For example, parents cannot determine child support before first determining child custody. After all, a parent who does not have custody of a child should not receive any child support for that child. It is also difficult to determine a fair child support amount without first going through the property division process. After all, it is impossible to determine how much a parent is capable of paying before first determining how much of the marital property they will receive during divorce.

Can a Contested Divorce Lawyer in Atlanta Help Me?

If you are approaching a contested divorce in Atlanta, a lawyer can help you make sense of the process ahead. Property division and child custody may occur through separate legal proceedings, or they may fall under a single trial process. The answer depends on your unique circumstances, which you can discuss with Buckhead Family Law today.

Source:

gov.georgia.gov/press-releases/2025-04-21/gov-kemp-signs-historic-legislation-delivering-commonsense-meaningful