Are you facing a divorce where you and your spouse cannot agree on important issues like children, property, or support in Atlanta, Georgia? At Crystal Wright Law, our Atlanta contested divorce lawyers can offer compassionate support during this difficult time. Call us today at (404) 594-2143 to schedule a free consultation.
A contested divorce means the court must step in to decide unresolved issues. These cases often take more time and involve more steps than uncontested divorces. Understanding what to expect can help you feel more prepared as you move forward in Atlanta, GA.
How Can Crystal Wright Law Help With a Contested Divorce in Atlanta, GA?
Crystal Wright Law helps clients in Atlanta, GA, navigate the challenges of contested divorce with care and focus. When spouses disagree, the legal process can quickly become stressful and confusing. Having guidance can make a real difference.
Our Atlanta family lawyers can help by:
- Understanding what you and your spouse disagree about and what is at stake
- Gathering the documents and evidence needed to support your case
- Working to resolve disagreements over property, finances, alimony, child custody, or child support
- Negotiating with your spouse or their attorney to try to reach a fair agreement
- Preparing for court and representing you at hearings or trial when an agreement cannot be reached
Our Atlanta contested divorce attorneys work to help clients understand their options and feel supported at every stage. We have over a decade of experience handling family law matters. Contact us today for a free consultation.
What Is a Contested Divorce in Georgia?
A contested divorce in Georgia happens when spouses cannot agree on one or more key issues. These issues may include child custody, child support, division of property, or alimony. When disagreements arise, the judge must decide how to resolve them.
By contrast, an uncontested divorce is one in which spouses are in broad agreement about all the key issues. Uncontested divorces tend to proceed more quickly and cost less because they don’t involve a lengthy discovery process or a trial to resolve all the issues.
Georgia is a no-fault divorce state, which means a spouse does not have to prove wrongdoing to file for divorce. One common reason used is that the marriage is “irretrievably broken.” Even with no-fault grounds, disagreements can still lead to a contested case.
Because the court is involved, contested divorces often require multiple hearings and may take several months or longer to complete. Knowing this ahead of time helps set realistic expectations.
What Happens During a Contested Divorce in Georgia?
A contested divorce can involve several stages before the spouses reach a final resolution. The process will vary depending on the issues in dispute, the complexity of the case, and whether the spouses can reach an agreement along the way.
Common stages of a contested divorce include:
- Filing and responding to the divorce: The process begins with filing the necessary documents with the court. The other spouse then has an opportunity to respond and raise any issues they disagree about.
- Addressing temporary issues: Some families need temporary arrangements for custody, parenting time, support, or use of certain property while the divorce is pending.
- Discovery: Both spouses may need to exchange financial records, documents, and other information related to the disputed issues. This step can be especially important when property, income, debts, or other financial matters are contested.
- Negotiation or mediation: Spouses may be able to work through some or all of their disagreements without asking a judge to decide them. Mediation can provide another opportunity to find common ground and reach a settlement.
- Court hearings or trial: If certain issues remain unresolved, the court may need to hear evidence and decide those matters.
- Final judgment and decree: After all necessary issues have been resolved, the court can enter a final judgment and decree that formally ends the marriage.
A contested divorce does not automatically mean the case will end in a trial. Spouses can continue working toward an agreement throughout the process. If they resolve their remaining disagreements, they may be able to settle the case without asking a judge to make those decisions for them.
What Are Common Issues in an Atlanta Contested Divorce?
A divorce can become contested when spouses disagree about even one issue that must be resolved before the divorce can be finalized. In other cases, spouses may disagree about several financial or parenting matters at the same time.
Common issues include:
- Child custody and parenting time
- Child support
- Division of marital property and debts
- Alimony or spousal support
- Whether certain assets are marital or separate property
- The value of a business, real estate, or other significant assets
- Whether both spouses have fully disclosed their income, property, and other financial information
Oftentimes, spouses can resolve some or all of their disagreements through negotiation or mediation.
How Are Child Custody Disputes Resolved in an Atlanta Contested Divorce?
Child custody is often the most emotional part of a contested divorce. Georgia courts focus on the best interests of the child when making custody decisions. Judges consider many factors, including each parent’s ability to care for the child and provide a stable home.
Custody decisions may involve:
- Legal custody, which covers decision-making
- Physical custody, which determines where the child lives
- Parenting time schedules
- Communication between parents
Parents are often encouraged to work toward a parenting plan, but when they cannot agree, the court decides. These decisions can have a lasting impact, which is why many parents seek legal guidance during this stage.
Custody disputes may also require the court to address temporary arrangements while the divorce is pending. A contested divorce lawyer in Atlanta can help a parent present relevant evidence, evaluate proposed parenting arrangements, and advocate for an appropriate custody and parenting plan.
How Are Property Disputes Handled in a Georgia Contested Divorce?
Property division can become contested when spouses disagree about what property should be divided, what an asset is worth, or how marital property and debts should be allocated.
Georgia follows the rule of equitable division when dividing marital property. This means property is divided fairly, but not always equally. Marital property generally includes assets and debts gained during the marriage.
Property disputes may involve:
- Whether property is marital or separate
- How the family home should be divided
- The value of a business or other significant asset
- How retirement accounts and investments should be divided
- How marital debts should be allocated
- Whether either spouse has fully disclosed their assets
Separate property, such as assets owned before marriage or received as gifts, may not be divided. Disputes often arise over what counts as marital versus separate property. Once property issues are addressed, the court can move closer to finalizing the divorce.
What if My Spouse Is Hiding Assets?
Financial disclosure can become especially important when one spouse believes the other has not provided complete information about income, accounts, property, or debts. The discovery process may be used to obtain relevant financial records and other information during a contested divorce.
Suspected hidden assets can complicate property disputes. A family law attorney in Atlanta can help determine which financial information may be relevant, use available legal procedures to obtain that information, and present evidence regarding disputed property to the court when necessary.
How Can Alimony Become an Issue in an Atlanta Contested Divorce?
Alimony, also known as spousal support, is another common point of disagreement. Spouses may disagree about whether alimony should be paid, how much should be paid, or how long payments should last. Disputes can also arise over each spouse’s income, financial needs, and ability to earn a living.
In Georgia, judges look at several factors when deciding whether alimony is appropriate and how much should be paid.
Factors may include:
- Length of the marriage
- Each spouse’s income and earning ability
- Standard of living during the marriage
- Contributions made by each spouse
After financial support issues are resolved, both parties gain a clearer picture of their post-divorce finances.
How Long Does a Contested Divorce Take in Georgia?
The length of a contested divorce depends on the issues involved and how willing both parties are to negotiate. Some contested divorces may take several months, while others can last a year or more.
Factors that affect timing include:
- Number of disputed issues
- Court schedules in Atlanta, GA
- Complexity of financial matters
- Whether mediation is successful
While the process can be time-consuming, being informed helps you stay patient and focused. Knowing what to expect allows you to plan for the future more confidently.
Contact Our Atlanta Contested Divorce Attorney Today for a Free Consultation
If you are dealing with a contested divorce and need guidance, Crystal Wright Law is ready to help. An experienced Atlanta contested divorce lawyer can explain your options and walk you through the process.
With over a decade of family law experience, we help Atlanta clients navigate contested divorces involving custody, support, property division, and other difficult issues.
Give us a call today to schedule a free consultation and take the first step toward clarity and peace of mind.