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How to Settle a Divorce out of Court

  • Divorces are emotional, stressful, and can be complicated. Most people don’t wake up and say, “I want to go to divorce court today.” As many as 95% of divorce cases will not actually go to trial. The cases are settled by using other less adversarial processes. Many people who settle a divorce out of court still have legal representation. A Johns Creek family law attorney can represent you in your divorce settlement. Contact Mitnick & Associates to discuss your situation with a Johns Creek experienced attorney.

    Ways to settle divorce out of court

    Often the heart of what is at issue is a divorce is child custody/parenting time child support, alimony, asset division and valuation, and how to handle marital debt. With or without attorney representation, outside of court, divorce settlements proceedings may be handled in numerous ways: If you and your soon to be ex are willing to handle your divorce without a trial you have some options. These can include:

    • Negotiation: In some cases, if the parties are in agreement on most issues straight negotiation can be an effective tool for resolving outstanding issues. Parties are well within their rights to negotiate a divorce much like you would a business transaction. These negotiations can take place directly through the parties themselves but usually do involve an attorney representing each side.  
    • Mediation: This can also be referred to as alternative dispute resolution, this is a confidential and private process where the parties (and their attorneys) hire a mediator to try and assist in resolving outstanding issues. The mediator can be a neutral third party who tries to facilitate a settlement based on each parties’ specific needs.

    Even if you are unable to resolve all the case issues through negotiation or mediation, it can still be worth your time. Often, mediation can resolve some issues and narrow the remaining issues.

    Benefits of negotiation or mediation in settling divorce

    There can be several significant benefits to keeping a divorce proceeding out of the courtroom.  These might include:

    • Reduction in expenses. Divorces are expensive and much of the cost can come from court and trial costs. Mediation and negotiation are significantly less expensive, sometimes even less than half of a case that goes to trial.
    • There are fewer surprises. You will have to negotiate and may not get everything you were hoping for, but you will know the outcome and ultimately you have a final say in whether to agree or not.
    • The process can be behind closed doors and is private. There is no court transcript.
    • The judge in court will not know you. Although the mediator doesn’t know you either, the process is much more focused on listening to the parties’ needs and wants and finding common ground. With a judge, there is a sense of decorum and formality.
    • The process is less adversarial.  

    Johns Creek Family Law Attorney Help with Settlements

    Georgia courts encourage parties to try and settle divorce cases outside of the courtroom. Alternative means to court can save you legal fees, time, and stress. Even with if you want to proceed with mediation, you should still consider attorney representation from an experienced family law attorney. Contact online or call us today at 770-408-7000.