A contested divorce is where parties cannot reach an agreement on whether to get a divorce or settle on the terms and details of the dissolution. The details usually center around distribution and allocation of assets, finances, alimony, child support or custody.
It’s important to understand that while the Georgia contested divorce process often requires much more long-term attention by way of pleadings, discovery, mediation, and potentially a trial; it is completely possible to settle during the process, or even come to a partial settlement agreement. After all, there may be a few items in the contested process that parties can agree upon, prior to presenting the case to a judge.
If both sides can agree on certain terms of the divorce, the length of time to get a divorce and the expense of the divorce is considerably lessened. Counterbalance that with the possibility that strategically it may be best to submit all of the issues to the judge or jury for decision. Decisions like this should not be made without a thorough discussion with an attorney who has expertise in such matters. Further, without a settlement, a contested divorce in GA could demand the expertise of forensic accountants with regard to the financial matters or a guardian ad litem with regard to child custody evaluations, thus slowing the entire process.
Issues in a Contested Divorce
Under the Georgia State Code (O.C.G.A. 19-5-3), there are 12 fault-based grounds for divorce, including adultery, mental cruelty, habitual intoxication, and desertion. Our attorneys know that If one of the spouses files for divorce on the basis of these grounds, it could have significant impacts in any eventual settlement. We take these allegations seriously, using tried and true strategies to defend your interests in these cases. Even if you file on the basis of irreconcilable differences, there are still important issues to resolve before your divorce becomes final. Disputes in contested divorce cases often involve:
Our Georgia divorce attorneys know that, in any divorce, keeping your expenses down is a priority. “How much does a contested divorce cost,” is in fact a question we hear quite often. In a contested divorce case, this can be a challenge. While each situation is different, the following highlights some of the typical contested divorce costs and expenses you can expect to pay.
Expenses in a Contested Divorce
Certain court expenses apply in any divorce case. These includes basic filing fees and the cost to serve your petition on your spouse. These are filed with the superior court in the district where you live, and charges vary. In the Fulton County Superior Court, as well as in most other Georgia counties, these costs are in the vicinity of $250. In an uncontested case, no additional filings may be necessary.
A contested divorce generally involves added fees. These include additional court filings and the costs for your attorney to represent you in negotiations. If a divorce settlement cannot be reached, the judge may order you to attend mediation. These fees vary greatly from one case to another, depending on the issues that need to be resolved. All of these expenses run up your overall costs, but you may be entitled to claim their reimbursement as part of your settlement.
Dealing with the complexities of contested divorce proceedings demands a deep understanding of the legal, emotional, and financial implications inherent in such cases. In family law, contested divorces in Georgia present unique challenges, requiring individuals to be well-prepared for the intricate legal procedures and emotional strain. From discussing the grounds…
Welcome to the debut episode of "Family Matters," a captivating podcast by Stearns-Montgomery & Proctor. In this eye-opening episode, "Examining the Differences between Uncontested and Contested Divorces," we embark on a journey to unravel the complexities of divorce proceedings. Join our esteemed guest, Attorney Randy Sabatini, as he dissects the…
Filing for divorce in Georgia? It's important to understand the grounds available and whether you should choose an uncontested or contested divorce.Divorce is complicated, both practically and emotionally. But during its initial stages, the legal process is of primary concern. No two divorces are the same—potential litigation will scrutinize the…
