Does a Judge Control Everything During an Atlanta Divorce?

Spouses may worry about the loss of decision-making power during divorce in Atlanta. This is an understandable concern, as no one likes having major life decisions made for them. But does a judge really have this level of power over your divorce? Can you make any of these decisions yourself? One potential pathway toward greater flexibility and decision-making authority is something called “collaborative law,” and you may want to discuss this with your family law attorney in Georgia.

How Does Collaborative Law Allow Me to Make My Own Decisions During Divorce? 

Collaborative law leads to greater flexibility and control during divorce for various reasons. First, it occurs outside of the courtroom – completely excluding the family judge from major decisions. Secondly, it allows for deals and arrangements that are not normally possible in court. To some degree, spouses can ignore normal family laws in Georgia that would otherwise be restricting.

For example, child support normally ends at age 18 in Georgia. However, parents may agree to continue these payments beyond the age of 18 during collaborative law negotiations. This may facilitate the payment of college tuition.

Spouses might also choose to forgo alimony as a result of their negotiations. During a divorce trial, alimony is generally unavoidable if one spouse is entitled to receive it. During collaborative law, however, the eligible spouse might agree to forfeit their right to alimony in exchange for something else of value. This might include a greater share of the family home, a specific sentimental item, or something else that they want.

Speaking of property division, collaborative law also allows for more flexible deals and arrangements. A common practice is for spouses to “trade assets” during collaborative law. For example, one spouse might agree to take 100% of the family home while the other takes 100% of the retirement account. During a divorce trial, spouses might be forced to liquidate and divide all individual assets.

These are only a few examples of how flexible collaborative law can be. If you can imagine a specific type of deal, it is probably possible to achieve during private negotiations.

The Judge Always Has the Final Say 

With all that said, the family judge always has the final say – even after spouses come to their own private agreements. For the divorce to become legally binding, the judge must review your divorce agreement and sign it. If they see any kind of issue with this document, they may invalidate it. This highlights the need to work with experienced lawyers when approaching collaborative law.

Can a Collaborative Law Attorney in Atlanta Help Me? 

A collaborative law attorney in Georgia may be able to help you achieve a greater sense of flexibility and control over your divorce. If you’re serious about pursuing this option, consider working with a lawyer who has experience with collaborative law. Buckhead Family Law has handled many of these cases in the past, so contact us today to learn more about the next steps.

Sources: 

law.cornell.edu/wex/collaborative_law

georgia.gov/file-divorce