A contested divorce in Georgia involves a marital breakup with serious disagreements. This brings real questions, legal concerns, and many important decisions.
We know it’s not an easy process and that it comes with many concerns. That’s why, at The Law Office of Caroline Pineres, we answer the most frequently asked questions about contested divorce in Georgia.
What are the most common reasons a divorce becomes contested?
Conflicts often arise due to disagreements over property division, child custody disputes, alimony, claims of misconduct (such as adultery or abuse), or simply a lack of cooperation between the parties. Emotions also tend to escalate, making it harder to reach reasonable solutions.
What happens if my spouse doesn’t want to sign the divorce papers?
In Georgia, divorce does not require mutual consent. If one party wants a divorce, they can start the process unilaterally. If the other spouse refuses to sign or fails to respond, the court can proceed and eventually issue a default judgment. What matters is proving that the other party was properly notified.
Can I file for divorce even if we’re living in the same house?
Yes. It’s not required for the parties to live in separate homes before starting the process. Georgia only requires a “legal separation in fact,” which means that both individuals no longer maintain a marital relationship, even if they live under the same roof.
How does adultery affect a contested divorce?
Adultery can be considered a legal ground for divorce in Georgia and may impact key issues such as property division or the right to receive spousal support.
If it’s proven that someone was unfaithful—especially if they used shared financial resources to support the extramarital relationship—the judge may take that into account when making a decision.
What kind of evidence can be presented in a contested divorce?
Any document or testimony that supports your claims can be useful, including:
- Bank records and financial statements
- Property agreements
- Relevant emails or text messages
- Photos, audio recordings, or videos
- Witness testimonies
- Expert reports (psychological, financial, etc.)
Their validity will depend on their relevance and whether they were obtained legally.
What happens if one of the spouses hides assets?
Hiding assets during a divorce process is illegal and can lead to serious consequences. If the court finds that a spouse deliberately hid assets, it may impose sanctions, adjust the property division, and even apply fines. It’s essential to disclose all assets and liabilities with complete transparency.
How is it decided who gets custody of the minor children?
The main criterion for the court is the “best interest of the child.” There is no fixed formula, and the judge will thoroughly assess each parent’s situation before making a decision.
What factors does a judge consider when determining custody?
Some of the most important factors include:
- Ability to provide a stable and safe environment
- Level of involvement in the child's upbringing
- History of abuse, neglect, or substance abuse
- Availability to care for the child
- Current relationship between the child and each parent
Can a child choose who they want to live with?
In Georgia, a child under the age of 14 can express a custody preference, but the judge is not required to follow it. If the child is 14 or older, the judge will generally give significant weight to their preference—unless there are reasons to consider it inappropriate.
Is it mandatory to attend mediation before going to trial?
In many counties in Georgia, yes. The court may require participation in a mediation process before taking the case to trial. Mediation aims to encourage voluntary agreements, although it’s not always successful.
What happens if we don’t reach an agreement in mediation?
If mediation fails to resolve the disagreements, the case will move forward to a judge, who will hear both parties, review the evidence presented, and make binding decisions on each contested issue.
Is it necessary to have a lawyer to get divorced in Georgia?
It’s not legally required, but it’s highly recommended in contested cases. A family law attorney can help you present your case, protect your rights, manage evidence, and negotiate on your behalf—something that can make a big difference in the outcome.
Can I keep the house if it’s under both our names?
It depends. The court will evaluate who has a greater need for the property, whether minor children are involved, who can afford to keep up with the payments, and whether there’s a prior agreement (such as a prenuptial contract). The decision will be based on what’s considered most equitable.
What happens to debts acquired during the marriage?
Debts incurred during the marriage are also divided. They aren’t necessarily split 50/50, but rather based on principles of equity. The judge will consider who incurred the debt, what it was used for, and who benefited the most from it.
How long can a contested divorce take in Georgia?
It depends on the complexity of the case. A contested divorce can take anywhere from six months to over a year. Delays are often due to disputes over custody, property, the court’s schedule, and the parties’ willingness to cooperate.
How much does a contested divorce cost?
The cost can range from $5,000 to over $25,000, depending on the duration of the process, the number of court appearances, the complexity of the assets to be divided, and legal fees. Highly contentious cases often require more time and resources.
Can I appeal the judge’s decision if I don’t agree with it?
Yes, you can appeal a ruling within the legal timeframe (usually 30 days). You must argue that the judge made a legal error or misinterpreted the facts or evidence. It’s not just a second chance to present the case.
Can I request temporary support during the process?
Yes. You can request a temporary support order from the court to cover housing, food, healthcare, and other essential expenses while the divorce process is ongoing.
Can I get a Temporary Protection Order during a contested divorce?
If there are threats, violence, or harassment, you can request a TPO. These orders prevent the other party from approaching or contacting you, and the court can issue them immediately if there’s credible evidence of danger.
In conclusion
Contested divorce is not just a legal procedure; it is an emotional, strategic, and often exhausting process.
Having clarity about your rights, receiving strong legal counsel, and staying calm are fundamental pillars to navigating this moment with strength and dignity.
At The Law Offices of Caroline Pineres, we want you to know that you are not alone. Our expert family law attorneys in Georgia are ready to fight for your rights and represent you in your contentious divorce case.
If you need help, call us at 1-770-956-9961 | 1-404-920-4746 and schedule a consultation to work on your case.
