If you’re considering filing for divorce this year or you believe your spouse may be, it’s wise to be as prepared as possible. It’s not especially unusual for people to consult with a legal representative and then not end up divorcing – or at least not for some time.
Learning a little bit about the various options for divorce and the requirements is a good place to start. For example, in Georgia, a person must have been a legal resident of the state for at least six months before they can file for divorce. Further, Georgia has a “cooling off” period of 30 days, which means a divorce can’t be finalized until at least 30 days after a spouse files a divorce petition. That’s shorter than in many states.
Uncontested vs. contested divorces
The divorce process often takes considerably longer than that, especially if there are minor children or if there’s not a prenuptial or postnuptial agreement in place addressing things like property division and spousal support.
When couples can agree on these matters on their own without having to let a judge decide, it’s called an “uncontested” divorce. A judge still needs to approve the agreements and sign the final divorce decree. However, it’s easier, faster and less expensive than a “contested” divorce where spouses have to make their case to the court and ask for a decision.
No-fault vs fault divorces
Contested and uncontested divorces shouldn’t be confused with no-fault vs. fault divorces. The former refers to the terms of the divorce, whereas fault refers to the reason for the divorce.
Most people opt for a no-fault divorce. Here in Georgia, if the person filing cites the reason as “irreconcilable differences” or “irretrievable breakdown of the marriage,” those are considered no-fault grounds. This can help keep a couple’s issues private. It also prevents a spouse from having to provide evidence of the other’s adultery, substance abuse or other issues or wrongdoing.
Opting for a fault-based divorce typically doesn’t help a spouse unless the fault would influence important matters like child custody and spousal support. The decision about whether to file a fault-based divorce is best made with experienced legal guidance.
Regardless of what kind of divorce you opt for, it’s always smart to have your own legal representative. Even if you’re working out agreements amicably with your soon-to-be ex, you need to know and protect your rights and be fully aware of your options.