Before you walk into mediation in a Georgia divorce, both sides are supposed to have already exchanged sworn financial affidavits.
The Five-Day Exchange
Uniform Superior Court Rule 24.2 requires the parties to serve on each other the financial affidavit and, in cases involving child support, the child support worksheets and schedules, at least five days before any mediation or other alternative dispute resolution proceeding.
That deadline is the whole point of preparing. It means you should arrive already knowing what the other side claims about income, assets, monthly expenses, and debts, with time to check the figures against your own records. If you have not received their affidavit, ask for it before the date rather than discovering the gap in the room.
Bring Current Numbers
The affidavit you filed months ago may no longer be accurate. If your income, your housing, or your expenses have changed, correct the affidavit and serve the amendment. An outdated figure you signed under oath is the first thing the other side will use against you, and it is difficult to walk back at the session.
Check Whether You Are Already Required to Mediate
Some people are bound to mediate before they can file anything at all. In Gould v. Gould, 240 Ga. App. 481 (1999), a separation agreement required the parents to submit conflicts about their children to a mediator or counselor before either of them sought relief from a court. The mother filed a modification petition without doing so.
The Court of Appeals held that the mediation provision was “a condition precedent to the parties’ right to sue” and affirmed dismissal of her petition. So read your own agreement before you file, not after.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!