Divorce Arbitration
What is Divorce Arbitration?
Arbitration is another alternative dispute resolution method that can be used in the context of divorce in Georgia. In an arbitrated divorce, a neutral third party, called an arbitrator, is chosen by the parties to make decisions on disputed issues.
Arbitration is different from mediation in that the divorce arbitrator has the authority to render a binding decision, which means that the parties are legally obligated to follow the arbitrator's rulings.
How Does Divorce Arbitration Work in Georgia
Here's a general overview of how arbitrated divorce works in Georgia:
Agreement to Arbitrate: both spouses must agree to use arbitration as a method for resolving their divorce-related disputes. This agreement is often part of a prenuptial agreement, a postnuptial agreement, or a separate arbitration agreement.
Selection of Arbitrator: the parties, with the guidance of their attorneys or through another agreed-upon process, choose an arbitrator. The arbitrator should be a qualified professional with expertise in family law and arbitration.
Arbitration Process: the arbitration process begins with the presentation of evidence and arguments by each party. The arbitrator then considers the evidence, hears arguments, and ultimately makes decisions on the contested issues. The decisions can cover matters such as property division, child custody, alimony, and other relevant issues.
Binding Decision: unlike mediation, where the parties can choose to accept or reject the mediator's suggestions, arbitration results in a binding decision. Once the arbitrator issues the decision, it is typically enforceable by the court.
Court Approval: the arbitrator's decision is submitted to the court for approval. Once approved, the decision becomes part of the divorce decree.
Benefits of Divorce Arbitration
Arbitration can offer some advantages, including a more private and streamlined process compared to traditional litigation. It allows the parties to have more control over the timing of the proceedings and the choice of the decision-maker.
How Long After Arbitration is Divorce Final in Georgia?
Arbitration is a low-conflict approach to getting a divorce in Georgia. With any path or process to getting a divorce the objective is achieving agreement on all pertinent aspects. When agreement has been reached, the lawyers will prepare the final draft of the Settlement Agreement. The court will review the Agreement to approve or require changes. Once approved your divorce decree can be granted and finalized. This process can be as short as a few days.
How Much Does Divorce Arbitration Cost in Georgia?
The cost for any divorce varies depending on the amount of litigation required to reach mutual agreement on all points. Because an arbitrated divorce utilizes a single person, the cost may fall in the range of $3,000 to $6,000.
Will Divorce Arbitration Work for Me?
It's essential to note that while arbitration works well for some couples, it may not be suitable for everyone, particularly in cases involving domestic violence, extreme power imbalances, or situations where one party is unwilling to negotiate.