Collaborative Law

What is Collaborative Law?

December 17, 2009

If your marriage is ending, you may feel overwhelmed. Collaborative Law (also called Collaborative Divorce or Collaborative Practice) is a structured process that provides an alternative to court. The Collaborative choice offers you the opportunity to focus on what is important to you, your family and your future.

Couples facing separation and divorce encounter many challenges — especially when children are involved. Parents must resolve important issues with significant thought to the after-effects. Collaborative Family Law provides a positive context in which to deal with these concerns without resorting to litigation.

The lawyers and clients sign a Participation Agreement which provides that if the parties are unable to reach a settlement, the lawyers will withdraw from the case and assist the clients in transitioning the case to trial attorneys. By establishing an open, cooperative environment, parties and their counsel can work toward a settlement that benefits everyone.

Post image for Divorce Law – An Overview and Resource

Divorce affects, directly or indirectly, virtually every family in the country. In Georgia there are 13 grounds for divorce. One ground is irretrievably broken (sometimes referred to as the no-fault ground). The other 12 grounds for divorce in Georgia are fault grounds. Marriage is a civil contract that the state has an interest in preserving. Accordingly, the marriage relationship may be dissolved only as provided by law through (1) a divorce or (2) an annulment; or altered by (3) a decree of separate maintenance granted by our courts. In any case, there must be a proceeding in the superior court of the county in which the defendant resides (or the county where the parties resided during the marriage if the defendant left the county within six months before filing) and the person seeking the divorce must prove grounds for divorce (valid reasons prescribed by law).  To read more on Georgia divorce law, click this link.

To search the Georgia Code regarding divorce, click this LexisNexis link.