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Dealing with family law issues in court

Many marriages end in divorce. Although divorce is never easy, many Georgia couples attempt to alleviate stress by collaborating so they can settle their issues out of court. This is oftentimes in their best interest, so they can make the process quicker and less expensive. However, in a high asset divorce or split where couples harbor a lot of anger and resentment toward each other, negotiation can be a challenge. A family court may need to make decisions on child custody, property division and other issues in order to move the divorce along. Couples in Georgia often want to learn more about how the court process works to resolve family law issues in a divorce.

In divorce court, each spouse presents evidence to the judge to convince the judge to rule in their favor. They may use their own testimony or testimony from children and other witnesses, such as experts in the finance and property valuation fields. They may also present documentation to serve as financial records.

As in any court case, the other side has an opportunity to dispute any claims, ask any questions and otherwise challenge the evidence. Once all the evidence has been examined the judge will make a final decision regarding property division, child support, child custody, visitation, living arrangements and alimony. If either spouse contests the decision, they can file an appeal. However, a judge's decision is rarely overturned in appeals court.

It's almost always better to try to resolve issues without litigation. That way, spouses can focus on their wants and needs and make an attempt to compromise. Once a divorce moves to court, the process can be extremely stressful, not to mention complicated. But divorce court is there for a reason, and should couples choose that option they should ensure their legal rights are protected.

Source: FindLaw, "Family Court and Final Judgment," accessed April 18, 2015

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