However, their desire for a streamlined divorce may be at odds with the level of conflict they have with their spouse. Contested divorces have a tendency to be protracted and complicated legal matters. How long can someone facing a contested divorce expect the process to take?

Even the fastest divorces take weeks

Under Georgia state statutes, there is a mandatory waiting period that applies when someone files for divorce. Spouses generally need to wait at least 30 days after filing the documents and providing appropriate legal service to finalize the divorce. The fastest divorce possible requires a minimum of 31 days.

In many cases, it can take substantially longer than that to go from the initial filing to the finalization of the divorce decrees. In contested divorces, spouses can anticipate a much longer overall process that takes multiple months, possibly even more than a year.

What does a contested divorce involve?

The initial divorce paperwork submitted to the courts typically proposes a property division arrangement and custody arrangements if there are children in the family. The other spouse then has an opportunity to respond to those proposed terms and counter them with different terms.

In a contested divorce, the spouses have not yet reached an agreement on how to resolve the practical issues facing their family. They may spend months negotiating, possibly through their lawyers, attempting to settle their disagreements. In some cases, they may attend mediation sessions.

If those efforts prove unsuccessful, then they may eventually find themselves in family court. Litigated or contested divorces can take a while to resolve. It can take weeks to secure a hearing in court. The more information the spouses need to present to the judge, the longer divorce litigation may require.

Unfortunately, there is no exact timeline for a contested divorce. It could easily take six months, a year or even longer. Instead of rushing through the process, it is usually better to focus on securing the best term possible. Those preparing for contested divorces may want to explore other options to speed up the process if the timeline is important in their case.

Spouses who find a way to settle with each other can potentially complete their divorce process quicker than those who have to take their case all the way through the court system. Learning more about the potential timeline for a contested divorce can help people prepare for the path ahead in informed ways.

However, there is little question that divorce rates among older adults have changed in recent years. Since 1990, the divorce rates among those aged 55 or older have doubled, while the divorce rates among those aged 65 or older have roughly tripled. This change occurred during a time when overall divorce rates in the United States have noticeably declined.

What factors contributed to the increase in gray divorces among those in long-term marriages?

Longer lives and higher expectations

People live longer now than they did in decades passed.  Adults can expect to potentially spend decades of their retirement with their spouses. For some people, that may be too long, as their relationship is not a positive element of their life anymore. What people expect to secure through marriage and commitment is different now than it was a few decades ago. They want more than just commitment. They want meaningful connections and shared values. People are more likely to walk away from relationships that they find unfulfilling or stressful now because they expect more from their romantic connections.

Reduced social stigma and legal difficulty

Attitudes about divorce have also changed substantially in recent decades. Long gone are the days when divorce led to stigma that would follow someone for life. People no longer tend to judge those who have divorced for that choice. Additionally, the rise of no-fault divorces has made it easier than ever before for people to divorce without having a major complaint against their spouse, such as abuse or infidelity.

Technically, the laws that apply to those divorcing later in life are the same as the laws that govern a divorce between those who just married last year. However, gray divorces tend to be more challenging to manage because there is more property in the marital estate and more reason to worry about the financial impact of property division, as people may worry about staying on track for their retirement plans.

Gray divorce can lead to a happier and healthier retirement for those feeling trapped in marriages that are no longer serving their interests. Overcoming the misconception that divorce is a process for younger people may help those feeling trapped after years in an unhappy marriage find the courage to make a change.

Then, when they divorce, they have to sort through all of their belongings and also their financial applications to start living financially separate lives. Many couples in Georgia will have a difficult time addressing their marital property in the early stages of a divorce.

Debts can also prove to be a sticking point for many couples. Will a spouse who did not take on major debts have to help pay them back after a divorce?

Many debts could be marital debt

Just like couples share their income regardless of whose name is on the paycheck deposited into the shared bank account, so too do couples share responsibility for debts created during their marriage. Obviously, debts added to shared credit accounts will be the theoretical responsibility of both spouses.

Accounts held only in the name of one spouse could also be subject to division in a Georgia divorce. In most cases, the primary consideration regarding whether the debt is subject to division or not will be the date when it originated.

If someone had debt from before their marriage that they still have not paid off when the divorce occurs, that debt will likely remain theirs to take care of separately. Most debts from during the marriage, including student loans and credit cards in the name of only one spouse, could potentially end up divided.

What happens to debt can be a major sticking point

Some people insist that they will not help pay for certain debts, possibly because their spouse created those debts by conducting an affair. Other people may worry that their spouse will fail to pay debts after the divorce and ruin their credit score.

A thorough review of the household financial circumstances is a key starting point for anyone contemplating a divorce in Georgia. Additionally, they will want to try to identify charges that could constitute dissipation, such as money wasted on an extramarital affair.

In some cases, someone worried about the behavior of their spouse might take the debt in the divorce along with more marital property so that they don’t have to worry about their former spouse defaulting. In theory, every divorcing couple will have the opportunity to set their own terms for property division, including the division of debt. Otherwise, they will have to rely on the judge’s interpretation of the state’s equitable distribution standard.

Identifying the most pressing concerns that may evolve from property division concerns may help those who are preparing for divorce in Georgia secure better outcomes with the assistance of a reputable attorney.

That being said, while there is no technical requirement for either person to file for divorce first, there can also be some advantages if you are the one to do so. So, though you don’t want to rush, it is something of a balancing act. It can be beneficial to act before your spouse does once it becomes clear that your marriage is coming to an end.

Gathering paperwork in advance

One advantage is that you can gather the paperwork that you need for the divorce long before filing. If your spouse files first, you might feel like you are scrambling to get caught up. But if you get things in motion before they know that you are going to file, you’ll have more time to get everything in order.

Accurate disclosure of assets

If you believe that your spouse is going to try to hide assets from you (which is illegal), waiting for them to file for divorce may give them months or even years to begin hiding these assets and removing them from your possession. If you file first, you may be more likely to receive an accurate disclosure when they file a response with the court.

Planning a divorce strategy

Filing first also gives you time to assemble a divorce team and work with them to create a strategy that will meet your needs. For instance, parents are often focused on ensuring that they get shared custody of the children. On the other hand, wealthy business owners may be focused on preserving their assets. Every divorce is unique, but you can plan for what your specific divorce will likely entail.

Getting started

If you know that you want to file for divorce, it’s important to begin looking into the legal steps you’ll need to take and all of the options that you have available to you so that you can make informed decisions.

But what is it about January that creates this rise in divorce filings? Is there anything inherent about this month, in particular, that pushes people toward the end of their marriages? Below, let’s take a look at a few of the factors that influence January‘s reputation.

Tax concerns

One thing to remember is that married couples file joint tax returns. With tax season coming up, they’re likely considering all of these joint finances. They may decide to get divorced in January so that they don’t have to file jointly the following year. They can separate all of their finances in advance and file their own taxes.

Family times

Additionally, the holidays tend to be times for families to come together. Maybe you want to take the children to their grandparents for Christmas. Maybe you’re meeting up with everyone for Thanksgiving. Regardless of the specifics, the late fall and early winter months are often thought of as months for holidays and family, so couples will sometimes put off a divorce until this has ended. But after New Year’s Day, the divorce is back on the table.

Returning to school

Children often get the holidays off for various school breaks, so parents may have a bit more of a chaotic schedule and it may feel like the children are around all of the time. If the parents wait until January, those kids head back to school for the winter semester, and the parents will have a bit more free time to focus on the divorce. They can also have more delicate conversations without the children around.

A last chance

Finally, some couples look at the holidays as a last chance for the marriage. They may hope that it brings them closer and means they don’t need to get divorced. But if that doesn’t pan out, then they have a new focus for the following year as they move forward with their life.

Are you getting divorced?

If you do decide to get divorced this January or any other time this year, be sure you know what legal steps to take.

When nothing can be done to stop an inevitable divorce, opening lines of communication can make life easier for husbands, wives, and, more importantly, children. Brief talks that are detailed, friendly, and firm can set the tone and avoid arguments and conflicts in emotionally-charged times.

Setting a tone during a new normal

Regardless of marital status, communication between a couple can take many forms with countless definitions. In a marriage, interactions are usually about respect and affection, whether it involves the latest news or expressing emotional or romantic feelings. The objective is to maintain closeness and a connection.

While in the midst of marital dissolution or post-divorce, communication can become something akin to business transactions. Specifically, parents are now in the business of ending a marriage and raising and ensuring children’s best interests. Pain, misunderstandings, or grievances in the past no longer require resolution.

Communication eventually devolves in a way where “conversations” are about divorce and shared parenting time. Face-to-face conversations may no longer be necessary. Texting is the apparent alternative. However, non-face-to-face talks can result in words being exchanged without the luxury of face-to-face interactions. Sending a text that contains negative or incendiary language should bring pause to the sender, who will hopefully hit “delete” instead of “send.”

The end of a marriage can see people at their best or worst. Yet, when one spouse is putting up obstacles and making life unlivable for an ex or soon-to-be ex, the other may want to “fight fire with fire.” Legal representation can help to navigate through an emotionally-charged process and focus on your best interests, specifically open and civil lines of communication.

If you consider evolutionary theory, mismatches between males and females may influence divorce decisions. Is it possible that the features which initially attracted you to your spouse have become obsolete?

For example, consider mismatches such as:

Genetics

Women have shown a historical preference to select a partner based on traits such as masculinity, social dominance and good looks. However, men with these characteristics tend to show greater interest in short-term relationships.

Financial security

Financial security used to be a need for many women who planned to be stay-at-home wives and mothers. That necessity has changed over the past few decades, with ladies entering the workforce by storm. Many women currently hold high-paying positions of their own, minimizing the need for a partner.

Caregiving

Females are nurturers by nature, often prioritizing taking care of others – whether that’s through taking care of the home, raising the children or catering to their spouse’s needs. For career women without a true partnership, the stress of doing everything may bring you to your breaking point.

Ask yourself whether divorce is the answer

Recognizing a mismatch in your marriage doesn’t necessarily mean you’re on the path toward divorce. However, you may be wise to think about what’s best for all involved.

Talk to your spouse about how the two of you can challenge traditional gender norms to work as a team. Or try viewing your relationship from a different perspective.

You and your spouse might decide to make some changes in your day-to-day lives, thereby trying to rekindle the romance you once shared. However, it might be worth a shot.

Preparing for a “gray divorce”

As with any divorce, it is important to get a clear financial picture of your marriage. Your family law attorney will need this information in order to pursue a fair settlement and understand the overall situation. You will need a complete list of assets and debts as well as your income, investments, expenses and retirement accounts. Banking and brokerage statements, tax returns, credit card statements and other documents can be used to gather this information.

Financial changes accompanying divorce

You and your spouse will work out a property division agreement or receive an order from the court dividing those assets and liabilities between the two of you and mandating any relevant spousal support. The changes that come with divorce will also require many people to reassess their financial choices and make a new budget based on a single life. After all, it is more expensive to finance two single lives than one marital household. Consider housing expenses and whether you will need to downsize, and create a financial plan that provides the funds to cover your expenses while saving for the future.

Many people are living long, happy and healthy lives well into their elder years, and a “gray divorce” may be the right choice for many people looking for a new, single future. You may find it helpful to work with your family law attorney as well as an accountant to fully understand the financial picture and prepare a new budget for the future.

The legal basics of getting a divorce in Georgia

In Georgia, there are fundamental aspects to a divorce. There is the no-fault divorce law. This means that the couple can simply say they have irreconcilable differences and be allowed to divorce. Still, if there are other issues that led to the divorce, they can also be referenced. These grounds include violence, cruelty, adultery, addiction, impotency, a spouse being mentally incapacitated or deserting the other for a minimum of one year. Being convicted of a crime and sentenced to jail for at least two years, committing fraud to get the other person to agree to marry and relatives having gotten married are also grounds.

Residency requirements will be part of the process. One of the parties who is divorcing must have been a resident for six months prior to filing in this type of family law petition. There will be a 30-day waiting period if the grounds for filing is that there is an irretrievable breakdown. If there is a specific reason given for the filing, then the decree will go into effect immediately.

To understand all aspects of a divorce, having advice is crucial

Divorces can happen for many reasons and to people of all ages and financial circumstances. The situation itself will dictate how to proceed. Still, the start of the case begins with following the state laws for getting a divorce. To address this and other potential challenges that will arise, having professional assistance is recommended.

Service of process

It is crucial that you serve your spouse with legal forms that outline the complaints you have against them. If the papers are not properly served, the courts will not have the authority to decide your divorce case. The legal system mandates that the defendant has a right to be notified that they are being sued. This is why serving your spouse with divorce papers in person is often the best method, but there are some exceptions.

Provisions for service of process

If you’re serving divorce papers, you’ll need to check box A on the document to indicate that your spouse will sign the Acknowledgement of Service. You’ll have to give your spouse a copy of the Complaint for Divorce once it is completed and have your spouse sign the Acknowledgement of Service. When your spouse signs the form, they are informing the court that they did receive the divorce petition and don’t need to be served a copy of the petition, which is usually delivered by the sheriff.

Additional information

You should check box B on the divorce petition if your spouse is a resident of Georgia but does not reside in the same county where you are filing for divorce, or if your spouse resides in another state and will cooperate with your divorce filing.

You can use paragraph C if your soon-to-be-ex lives in the same country where you are filing for divorce. Read paragraph D and use this paragraph only if you’re filing in the county where you and your spouse last shared a residence.