:: Accepted to the Bar in 1977
:: Former President of the North Fulton Bar Association
:: Member of the Family Law Section of State Bar
People experiencing marriage breakdown sometimes confuse divorce and separation. Partners become separated whenever one person leaves the other, with the intention of terminating the relationship. A divorce is a Court order that legally terminates a marriage.
Divorce brings into light many other things that will have to be sorted out. The division of items accumulated has to be determined. Now this can be done by the divorcing couple and their appointed counsel or by the courts. A separation agreement is drawn up determining who gets what. This agreement is legally binding.
There are two ways to finalize a divorce. One is for the couple to mutually agree on all facets of the separation agreement. This is called an Uncontested Divorce and requires no court appearance. This, however, is not always what happens. If neither party can settle on how to disperse the assets and other responsibilities, a court battle is sure to ensue. This is called a contested divorce. Each party is fighting for certain rights to certain items or custody of properties and children. A contested divorce can be a battle but doesn’t have to be.
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