How Do Contested Divorces Differ From Uncontested Ones?

If you’re in the Atlanta area and are contemplating a divorce, a divorce attorney in Atlanta can help you understand the difference between uncontested and contested divorces.

How Do Contested Divorces Differ From Uncontested Ones?

Uncontested Divorce

An uncontested divorce is when both spouses are on the same page for all the main terms of the divorce. This means that they generally agree about how to divide their property and debt, who gets custody of the children and who pays child support, and alimony, if applicable. An uncontested divorce is generally faster and less expensive, and it’s usually less stressful since there are no long battles in court.

In Georgia, the process for an uncontested divorce is fairly straightforward: the spouses reach an agreement about the terms, one spouse files a petition for divorce, and the other spouse signs an acknowledgment of being served the divorce papers as well as the settlement agreement. It can take as little as 31 days from the time of filing for the process to be finalized.

Contested Divorce

A contested divorce is when spouses cannot agree on one or more main issues. Often, these are disagreements over who should have primary custody of the children, who gets the house, or how much alimony is fair. In Georgia, if spouses cannot agree on the terms of the divorce, a more formal legal process is required.

After one spouse files the initial petition for divorce, the other spouse will be served. There is a required wait time of 30 days. If the spouses have still not reached an agreement before that 30 days is up, then the divorce will proceed into the legal steps of a court case: discovery, mediation, and, if still unresolved, a trial, where a judge will make the final decision to resolve the disagreements. Contested divorces can take a long time, often months and even years.

“No-fault” vs “Fault” Grounds for Divorce 

Both uncontested and contested divorces can be filed on “no-fault” grounds or “fault” grounds, although contested divorces are more likely to involve allegations of fault. No-fault grounds are often something like “irreconcilable differences.” Serious allegations, such as abuse or marital infidelity, are often bases for fault-based divorces.

The grounds for divorce do not necessarily affect the division of marital property. Georgia law requires that marital property be divided equitably, meaning fairly but not necessarily equally. This can complicate contested divorces further since spouses may have difficulty agreeing as to what is fair.

Consult with a Divorce Attorney in Atlanta

Before you head into a divorce, it is good idea to consult with a lawyer first. They can help you understand whether your goals are realistic, and, of course, will help with all the legalities, so any agreement you and your spouse reach is fair to you and also acceptable to the court. It is also very wise to have someone on your side who is emotionally separate from the situation and can negotiate with your spouse. They can also help keep you focused on your future, when you’re dealing with the tunnel vision that inevitably arises in the midst of divorce.

If you are facing a divorce or may be in the near future, reach out to us at South Atlanta Family Law in Stockbridge, GA.

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