Chisolm Trimble & Associates, LLC

Before many Georgia family law cases go to trial, parties are required to attempt mediation. Here is what to expect and how to make the most of the process. What Is Mediation? Mediation is a confidential process in which a neutral third party (the mediator) helps the parties reach a mutually agreeable resolution. The mediator does not make decisions — they facilitate conversation and negotiation between the parties. Is Mediation Required in Georgia? In most Georgia counties, mediation is required in contested divorce, custody, and modification cases before the matter can proceed to a judge. This requirement helps reduce court backlogs and encourages parties to resolve disputes on their own terms. What Happens During Mediation? Typically, both parties and their attorneys meet with the mediator. The mediator may speak with both parties together or separately. Sessions can last several hours. If an agreement is reached, it is put in writing and submitted to the court for approval. Tips for a Productive Mediation Come prepared with financial documents, a clear sense of your priorities, and an open mind. Know your bottom line, but be willing to compromise on less critical issues. Your attorney can help you prepare and will be present to protect your interests throughout the process.

When a Georgia marriage ends in divorce, the couple's assets and debts do not automatically get split 50/50. Instead, Georgia follows the principle of equitable distribution. Here is what that means for you. Equitable Does Not Mean Equal Equitable distribution means that marital property is divided fairly but not necessarily equally. A 60/40 split, or even a more unequal division, may be considered equitable depending on the circumstances of the marriage. What Is Marital Property? Marital property generally includes assets and debts acquired by either spouse during the marriage, regardless of whose name they are in. This includes the family home, retirement accounts, vehicles, bank accounts, and business interests built during the marriage. What Is Separate Property? Separate property includes assets owned by one spouse before the marriage, as well as inheritances and gifts received by one spouse during the marriage. Separate property is generally not subject to division but it can become marital property (or 'commingled') if it is mixed with marital assets. Factors That Influence Division Georgia courts consider factors like the length of the marriage, each spouse's financial situation and earning capacity, contributions to the marital estate (including non-financial contributions like homemaking), and any misconduct that caused the marriage to break down.