Contested divorce in Georgia is one of the two options the state offers for couples to end their marriage.
Although marriage is expected to last forever, the reality is that, for various reasons, a relationship can end, whether bilaterally or unilaterally.
When the decision is unilateral, the divorce process becomes much more complex, requiring the intervention of attorneys and family court judges to resolve the case.
In this article, we’ll explain everything related to the contested divorce process in Georgia.
What is a contested divorce in Georgia?
Contested divorce is a legal process in which one spouse files for divorce without the other’s consent, or when the couple wants to end the relationship but cannot reach an agreement, resulting in a dispute that must be resolved through judicial intervention.
Unlike an uncontested divorce, a contested divorce requires both parties to appear before a judge to resolve fundamental issues such as child custody, division of assets, and alimony.
This type of divorce is usually emotionally exhausting and complex, as it involves deep disagreements between spouses. Additionally, it is a much more costly process due to the need for legal representation and the lengthy court proceedings it can entail.
Requirements for a contested divorce in Georgia
To initiate a contested divorce in Georgia, certain legal requirements must be met, including a verifiable residency period and the existence of valid grounds for marriage dissolution.
Georgia law establishes as a primary requirement, regardless of the type of divorce, that one spouse demonstrates a minimum 6-month residency in the state. This ensures that the state courts have jurisdiction over the case.
Among the valid grounds for divorce, the state of Georgia considers the following actions as grounds for divorce:
- Marriage between close relatives.
- One spouse was mentally incapacitated at the time of marriage.
- One spouse was impotent at the time of marriage.
- The marriage resulted from threat, coercion, or deceit.
- The woman was pregnant by another person and hid this fact from her current partner.
- Infidelity by one of the spouses.
- Conviction of one spouse for serious crimes.
- Desertion and abandonment by one spouse.
- Domestic violence.
- Incurable mental illness.
- Drug addictions that affect marital coexistence.
Legal process of a contested divorce in Georgia
The contested divorce process in Georgia involves several legal steps, beginning with filing the petition and ending with the final trial. Below, we explain each phase of the process in detail.
Filing the petition
The process begins when one spouse files a divorce petition in the appropriate county court. This petition details the grounds for divorce, respective evidence, and initial requests regarding child custody, division of assets, and other key issues.
Response from the opposing party
Once the petition is filed, the opposing party has the opportunity to reply, either accepting the evidence or, conversely, denying the allegations and presenting their own evidence and requests. This response is crucial in determining the course of the judicial process.
Preliminary hearing
In some cases, a preliminary hearing is held where both parties present their initial arguments. Here, the judge may issue temporary orders regarding custody, support, and use of the family home while the case proceeds.
Mediation and negotiation
Even in contested divorces, many courts in Georgia require both parties to participate in mediation to try to reach an agreement without the need for a full trial. Mediation can be an effective way to reduce conflict and associated costs.
Final trial
If the parties do not reach an agreement, the case proceeds to a final trial, where the judge will review all evidence and testimonies presented before making a decision on the terms of the divorce.
Key factors in a contested divorce in Georgia
There are several critical aspects that the court considers when deciding on a contested divorce in Georgia, such as child custody, alimony, division of assets, and debt distribution.
Child custody
Child custody is one of the most disputed issues in contested divorces. The judge assesses various factors, such as each spouse’s emotional stability, environment, and background, to determine the best interests of the children.
Alimony and child support
In some cases, one spouse may request alimony to maintain a standard of living similar to the one they had during the marriage. Additionally, if there are minor children, child support is established to help cover their basic needs.
Division of assets and properties
Georgia law requires an equitable division of assets, which does not necessarily mean equal parts. The judge will examine each party’s contributions to the marriage and other circumstances to decide on a fair distribution.
Debt distribution
Debts accumulated during the marriage are also divided in the process. The court assesses each spouse’s responsibility and the purpose of the debts to assign them equitably.
Estimated time for a contested divorce in Georgia
A contested divorce in Georgia can last several months or even years, depending on the case’s complexity and the parties’ willingness to reach an agreement.
Conflicts over custody, assets, and other issues tend to extend the process, increasing costs and emotional strain for both parties.
In conclusion
Contested divorce in Georgia is a complex and demanding process that requires meeting certain requirements and going through various legal stages.
Although it may be a difficult path, in many cases, it is the only option to resolve disputes that would otherwise be irreconcilable.
Having the support of a good family attorney in Georgia and following the right advice can make a significant difference in the final outcome and help both parties move forward as peacefully as possible.
If you are considering this option, at The Law Office of Carolina Pineres, we have expert family attorneys who will provide you with the appropriate legal advice for your case and ensure your representation through to the end.
If you need help, call us at 1-770-956-9961 | 1-404-920-4746 and schedule a consultation to work on your case.
