Coleman Legal Group, LLC
Cumming Georgia Contested Divorce Attorneys
Phone: 770-609-1247
A contested divorce is one that is filed by one of the spouses where there are still disagreements between the couple about the divorce. In the event there are not any disagreements between the couple – then the divorce was filed without a properly executed Divorce Settlement Agreement filed contemporaneously with the Complaint for Divorce (aka Petition for Divorce). In Georgia, you can file for a contested divorce based on one or more of the twelve (12) fault grounds, and the thirteenth (13th) no-fault ground. See O.C.G.A. § 19-5-3. While Georgia laws concerning divorce do not entirely change depending on whether the divorce is contested or not, a contested divorce may entail multiple preliminary hearings before the final trial.
The person filing a divorce case in Cumming Georgia is generally called the Plaintiff, or Petitioner. The person being filed divorce against is generally called the Defendant, or Respondent. In a contested divorce, the terms Plaintiff and Defendant are more commonly used. Also, the term Complaint for Divorce, rather than Petition for Divorce is used more frequently in contested divorce cases.
Once a Cumming Georgia contested divorce case is filed, typically a local law enforcement official serves a copy of the Complaint for Divorce on the defendant (defined as the non-filing spouse). However, it is also not uncommon to hire a special process server – who can be more discreet with the service if needed. If the matter is not settled within six (6) months or so – both parties may be ordered to come to court for a trial where the judge will determine how to equitable divide marital property in accordance to Georgia law. In addition, the judge will also decide child support, child custody, equitable division of marital debts and the amount of spousal support to be paid (if any). Issues that are common in the Georgia contested divorce process include:
- child custody
- child support
- alimony / spousal support
- division of assets
- division of debts
- temporary hearings
- allocation of attorney’s fees
- whether a Guardian ad Litem will be appointed in cases involving child custody
- discovery: interrogatories, request for production, request for admissions, deposition, etc.
- mediation / arbitration
- whether the case will be resolved with a bench trial or jury trial
- expert witnesses
- character witnesses, and witness affidavits
We strongly advice all people filing a contested divorce seek the help of an experienced and effective divorce attorney. A divorce attorney experienced in divorce law and court procedure can provide much valuable guidance in preparing your case. An experienced attorney should offer extensive knowledge and support while also minimizing your legal fees by being efficient and effective. Our divorce attorneys guide mediation between the parties even after filling a contested divorce petition to facilitate settlement – avoiding a stressful, expensive and time consuming trial if possible.
Additional Divorce Information From Affiliated Sites
Cumming Georgia Office
The Avenue Forsyth
410 Peachtree Parkway
Building 400, Suite 4245
Cumming, Georgia 30041
Phone: 770-609-1247 | Map
Alpharetta Georgia Office
Park Woods Commons
11539 Park Woods Circle
Suite 304
Alpharetta, GA 30005
Phone: 770-609-1247 | Map
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Updated: 2022-08-14
