If you are approaching divorce in Georgia for the first time, you may be under the impression that a family court judge will determine your alimony. While this is true in the case of litigated divorces, spouses can take control over alimony decisions if they choose alternative dispute resolution (ADR) instead. How does negotiating in private allow you to control alimony decisions?
Why Does Negotiating in Private Give Me More Control Over Alimony?
When you choose a divorce trial, a judge will follow a predetermined formula when determining how much alimony you should receive or pay. Although this formula is a little more flexible if you’re going through a high-net-worth divorce, you can expect clear rules with little room for flexibility.
In contrast, ADR allows you to control the outcome. You do not necessarily need to follow the court’s calculation formula, and you can resolve the issue of alimony any way you like. When you negotiate in private, the goal is to create a divorce agreement that contains all of the decisions you make about alimony, property division, and other factors.
As long as the agreement is valid and “conscionable” (not overly unfair), a family court judge will simply sign it and make it legally enforceable. This gives spouses the ability to control their own alimony outcomes instead of letting a judge decide. Note that ADR isn’t always possible, and both spouses have to agree to participate in good faith.
Can I Pay Less Alimony Through ADR?
It is theoretically possible to pay less alimony through ADR options like mediation or collaborative law. Your spouse might even agree that alimony is not necessary at all. However, you’ll need to convince your spouse that such outcomes are favorable.
Sometimes, this means offering an incentive, such as a greater share of the marital property or a lump-sum payout. In other situations, you could potentially use leverage to your advantage. Perhaps your ex doesn’t want certain details about the marriage to go on the public record. You might agree to keep things confidential in exchange for a reduced alimony obligation.
Of course, you can use the same tactics to increase your alimony. Whatever the case may be, it makes sense to negotiate and pursue your goals alongside an experienced lawyer. Choose a lawyer who has experience with ADR methods like arbitration, collaborative law, or mediation.
That said, you should try not to become too fixated on specific goals during negotiations, such as higher or lower alimony. Instead, try to look at the “bigger picture” and consider alternatives or compromises.
Can an Alimony Lawyer in Georgia Help Me?
An alimony lawyer in Georgia may be able to help you take control over alimony decisions, especially if you opt for ADR instead of litigation. When you negotiate in private, you generally enjoy a much greater level of flexibility and control over alimony and other important decisions. Consider discussing this possibility in more detail with Lankford & Moore Law today.
