What Should I Know Before Pursuing a Contested Divorce?

A contested divorce in Georgia can involve significant time, lots of legal procedures, and incredible emotional strain. When you and your spouse cannot agree on one or more key issues, such as child custody, property division, or alimony, the court must step in to resolve the dispute. At South Atlanta Family Law, we work with clients in the Atlanta area to ensure that they are informed, prepared, and represented during every stage of the contested divorce process. 

From a Divorce Attorney in Atlanta: What Should I Know Before Pursuing a Contested Divorce?

The Legal Process

A contested divorce begins when one spouse files a complaint for divorce and the other responds with significant opposition. The case proceeds through a series of court-required steps that can include discovery, temporary hearings, mediation, and ultimately a trial if no settlement is reached. Georgia law requires both parties to provide financial disclosures and documentation, and these will be used to determine an equitable distribution of your assets and other issues.

Unlike uncontested divorces, these cases often require court involvement from the early stages. Temporary hearings may be held to decide custody arrangements, the use of shared property, or even financial support while the divorce is pending. The outcome of these hearings can influence the direction of the case and your options during negotiations, so having a good legal mind behind you can make all the difference, even early on.

Evidence Gathering 

During a contested divorce, both parties have the right to obtain information through discovery. Discovery plays a central role in contested cases because it helps uncover facts about income, assets, debts, and any matters relevant to custody or spousal conduct. You should be prepared to produce bank records, tax returns, mortgage statements, and other personal financial documents. A divorce attorney in Atlanta can help you gather any materials that might have an impact on your case. 

If children are involved, both parents may be asked to provide documentation and testimony related to parenting history, daily responsibilities, and their ability to meet the child’s needs. Gathering the right evidence early in the process can strengthen your position and provide your divorce attorney in Atlanta with the tools needed to represent you effectively in negotiations or court.

Custody and Parenting Time Considerations

Georgia courts evaluate custody issues based on the best interests of the child. If custody is contested, the court may order evaluations or appoint a guardian ad litem to investigate and make recommendations. You should be aware that the court considers each parent’s involvement, parenting skills, work schedule, and ability to co-parent when deciding legal and physical custody.

Contested custody disputes can become emotionally charged, and we advise clients to maintain clear communication and focus on their child’s well-being throughout the proceedings. Your conduct during the divorce, both in court and outside of it, can greatly affect the outcome of your custody arrangements.

If you are considering a contested divorce, schedule a consultation with us today at South Atlanta Family Law, serving clients in Stockbridge, McDonough, and the surrounding areas.

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