How Fast Is Collaborative Divorce in Atlanta?

Alternative dispute resolution (ADR) is generally faster than litigation. Collaborative law in Atlanta is one example of ADR, and the process can be quite quick. But how fast is it exactly? Can you wrap up this process in a matter of months? Will it take just a few weeks? These are common questions for spouses approaching divorce, and they are worth exploring with a divorce lawyer.

There Is No Mandatory Separation Period in Georgia

The first thing you should know is that unlike other states, Georgia lacks a long separation period for divorcing spouses. In other words, you do not have to live apart from your ex for very long before moving forward with your divorce. In fact, you only need to wait 31 days. This potentially makes divorce in Georgia faster than in other states.

Why Collaborative Divorce Can Be Faster

Collaborative divorce can be faster than litigation for various reasons. First, you do not need to wait for a court date. Due to backlogs in the legal system, some spouses must wait months before “having their day in court.” In contrast, you can begin collaborative law negotiations as soon as either party is ready. In fact, you can even begin negotiations during the 31-day “cooling off” period. That said, you might want to consider reconciliation before launching straight into negotiations.

Collaborative law is also faster because of the general structure involved. Spouses can go back and forth, making offers and counter-offers, thereby resolving their differences in a matter of weeks. In a divorce trial, you must wait for a formal discovery process, various hearings, appeals, motions, and so on.

Collaborative Divorce Isn’t Always Faster

Spouses should not assume that if they choose collaborative divorce, they’ll automatically resolve their differences quickly. Collaborative divorce can fail. Perhaps you and your ex will reach an impasse that you cannot agree on. Maybe one spouse will simply walk away from the negotiation table. Perhaps your ex never had any intention of negotiating in good faith, and they were merely stalling for time.

If collaborative divorce fails, you’ll need to fire your lawyers and hire new ones. You might also need to proceed straight to a trial. In other words, collaborative divorce could end up being a total waste of time, adding needless weeks to the overall divorce process. This is why it is so important to be realistic about your chances of success at the negotiation table. If you can’t see yourself negotiating effectively with your ex, you might want to proceed straight to a trial.

Can a Collaborative Law Attorney in Atlanta Help Me? 

A collaborative law attorney in Atlanta can potentially help you resolve your divorce in a short amount of time. However, it is important to remember that each divorce is different. While collaborative divorce has the potential to be faster, there are no guarantees. Negotiations could fail, and the case could proceed to trial. This highlights the importance of working with an experienced firm, such as Buckhead Family Law.

Source:

 scholarship.law.ufl.edu/cgi/viewcontent.cgi?article=1379&context=jlpp