A divorce is the legal termination of a marriage. Ideally, spouses would be able to agree on all terms of a divorce, including how to share custody and divide up assets. This is commonly known as an “uncontested” divorce. Many people believe their divorce will be “uncontested,” when it is not. Unless you and your spouse have resolved all issues, your divorce is not “uncontested.” If any issue has not been resolved between you and your spouse, your divorce is “contested.”  In a contested divorce, it is important to have an experienced Georgia divorce lawyer on your side to represent you and your interests.

GROUNDS FOR DIVORCE
Georgia is a “no fault” state for divorce. Unlike in the past, a spouse does not need to show marital misconduct, such as cruel treatment, indignities, or adultery. To file for a divorce in Georgia, a spouse has to reside in the state for at least 6 months. The spouses must be living separately from each other at the time of filing for divorce and must intend to remain permanently separated. Most divorces in Georgia are filed on “no fault” grounds. If you are interested in filing for a contested divorce on fault grounds, it is important to discuss that option with an attorney to determine how that might impact your case.

Even if one spouse wants to stay married, the other spouse can  decide to end the marriage if they meet the requirements for a divorce. A divorce in Georgia can be granted after 31 days from acknowledging service or being served with a Complaint for Divorce. Most divorces are filed on “no fault” grounds by simply stating “irreconcilable differences.” To do so, the filing party must state the parties are “living in a bona fide state of separation.” This does not mean you must be physically separated from your spouse.

FILING FOR DIVORCE IN GEORGIA
Before filing for divorce, you should consult with a divorce attorney. There may be certain steps you should take to prepare yourself for the process including gathering information, documenting certain events, or making financial arrangements to protect yourself throughout the process. Every case is different, and you should have advice specific to your case.

With your approval, your attorney will file a divorce complaint with Superior Court in the appropriate county. Your complaint will state the grounds for divorce, the issues that need to be resolved, and will generally state what relief you are seeking. It is important to remember that a Complaint for Divorce is a public record, and you should keep that in mind when considering what information to include, such as grounds for divorce. A copy of the complaint and related documents will be served on your spouse, or if your spouse is aware of the divorce, he or she may “acknowledge service” of the initial documents by signing a form called an “Acknowledgment of Service.” Your spouse then has 30 days to file an answer to the complaint. If your spouse fails to file an answer, which is uncommon, you have the right to seek a hearing to finalize the divorce.

Following the initial filings, many cases proceed to the “discovery” phase. This can involve the exchange of written questions and requests for documents (such as bank statements, credit card statements, tax returns, and other evidence). Again, every case is different, and an experienced lawyer will help you determine what discovery tools, if any, are needed to resolve your case and make sure you are fully informed in doing so.

CONTESTED DIVORCE ISSUES
Any issues that cannot be agreed on by the spouses may have to be decided by the court. These issues can be heavily contested. Spouses may disagree about what financial support or assets they believe the other spouse should receive, what parenting arrangement is best for the kids, and how debt should be divided. Emotional elements can add further stress to resolving these issues. Contested divorce issues commonly include:

• Child Custody
• Parenting Time
• Child Support and Payment of Children’s Expenses
• Asset Distribution
• Division of Marital Debts
• Spousal Support (Alimony)
• Taxes
• Pre-Marital or Separate Property
• Pets

Many counties will require the parties to participate in a mediation if the parties are unable to settle the contested divorce case themselves. In a mediation, the parties (and their attorneys, if applicable) will work with a qualified mediator to attempt to resolve any outstanding issues. If the parties are unable to settle the case, it will have to be finalized in court with a judge making a decision on any outstanding issues.

LEONARD FIRM
If you feel concerned about any of these issues, you are not alone. With over 10 years of experience in resolving simple and complex contested divorce cases in more than 15 Georgia counties, we can help guide you through this process. If your goal is to settle your case, we will help you gain the necessary information to make informed decisions in doing so. If you will ultimately resolve your case in court, you can rely on our extensive trial experience appearing before more than 40 different judges to ensure you are prepared, informed, and well-represented.

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