Most spouses want to avoid lengthy divorces at all costs. However, sometimes it is impossible to avoid this scenario, and spouses must accept the fact that this process will last longer than they would have hoped. What are the main concerns during a drawn-out, contested divorce in Georgia? How can you make this process more manageable, and how is this type of divorce distinct from a quicker, uncontested divorce?
A Lengthy Divorce Can Lead to Child Custody Issues
In Georgia, there is no mandatory “separation period” before spouses can proceed with divorce. In other states, spouses must live under separate roofs for a certain amount of time before they can begin divorce proceedings. Although there might be no separation period in Georgia, parents usually live separately during a divorce that takes several years to finalize.
This can lead to certain child custody challenges. First, the parents may need to create a temporary child custody schedule until their divorce becomes final. While this agreement may only be temporary, it could remain in place for years until the family court can decide on a permanent child custody order.
One option is “nesting,” which involves taking turns living in the family home with the children. This approach allows the children to remain in a familiar environment, which may offer certain mental health benefits. It may also help with the logistics of shared parenting, as the children will follow the same school schedule.
Spouses May Need to Determine How to Pay the Mortgage
If a divorce drags on for many years, spouses may need to agree on how to pay the mortgage. Until the divorce becomes final, the fate of the family home may be unclear. As a result, spouses might want to privately discuss solutions for mortgage payments until the divorce becomes final. However, these private negotiations could prove challenging, especially if spouses are unable to engage in alternative dispute resolution (ADR).
If spouses choose litigation, ADR may be unlikely due to lingering feelings of bitterness, resentment, and old arguments. As a result, spouses may also be unable to negotiate solutions for mortgage payments, and the court may need to get involved.
Should I Start a New Relationship?
If the divorce drags on for many years, spouses may naturally start new relationships. There is nothing inherently immoral or unlawful about this, but spouses should be aware of the potential implications of dating during divorce. This could potentially cause challenges and awkwardness while co-parenting, especially if the children encounter mental health issues because of these new relationships. New relationships may also be downright impossible if parents choose the nesting strategy.
Can a Family Lawyer in Georgia Help With an Uncontested Divorce?
Although the time-consuming nature of a contested divorce in Georgia can feel daunting, you can proceed with confidence alongside an experienced family law attorney. These legal professionals may be able to help you mitigate numerous legal issues associated with contested divorces. Consider speaking with Lankford & Moore Law for more answers.
