Divorce is never easy. In addition to the emotional impact involved, there are issues related to money, property, and children that must be resolved before the divorce can be finalized. In an uncontested divorce, the couple is in general agreement on getting the divorce and on the terms. In a contested divorce case, there are additional court proceedings and generally more complex negotiations involved.
Issues in a Contested Divorce Case
Guidelines for divorce are outlined under the Georgia State Code (O.C.G.A. 19-5-3). By law, there are important decisions that must be resolved before the judge can issue a final order in your case. This is where a contested divorce gets complex, as couples negotiate over the following:
- Marital property and asset division: All property earned or accumulated over the course of the marriage must be divided on an equitable basis.
- Spousal support: If one of the spouses makes considerably less than the other or sacrificed his or her own career for the sake of the marriage, that spouse may be entitled to spousal support.
- Child custody and child support: If there are children, the parents will need to divide parenting responsibilities, as well as provide for the support of their children.
In some contested divorce cases, lengthy negotiations may be required. If an agreement cannot be reached, the judge will issue an order based on the evidence presented.
Reach Out to Our Georgia Divorce Attorney
Whether you are facing a contested or uncontested case, you need an experienced Georgia divorce attorney on your side. Call or contact Stearns‑Montgomery & Proctor online today and request a consultation to see how we can help.