Contested Divorce
Request Consultation
Contested Divorce Attorney in Stockbridge, GA
Going through a divorce can be scary and confusing. You do not have to deal with it alone. An experienced divorce lawyer can be a vital ally during these potentially difficult times. If your family is facing a contested divorce, South Atlanta Family Law can help you navigate the process. We believe in providing personal attention to every one of our clients because we understand that every client engaged in divorce has a unique set of needs and priorities. Contact our Stockbridge contested divorce attorneys online or give us a call at 404-494-0027 to request a consultation today!
What is a Contested Divorce?
A contested divorce occurs when spouses cannot reach agreement on critical issues such as property division, child custody, alimony, or other marital matters. Unlike uncontested divorces where couples agree on all terms, contested cases require court intervention to resolve disputes. The experienced contested divorce attorneys at South Atlanta Family Law have successfully handled hundreds of contested divorce cases, helping clients achieve favorable outcomes while minimizing emotional and financial stress.
Contested Grounds for Divorce
Like other states, Georgia requires that the spouse filing for divorce cite the appropriate grounds necessary for the court to allow the split. In Georgia, there are 13 grounds for divorce. These include:
- Adultery
- Desertion
- Lack of mental capacity
- Cruelty
- Impotency
- Incarceration for over 2 years
- Pregnancy outside of marriage
- Habitual intoxication
- Forced or fraudulent marriage
- Incurable mental illness
- Habitual drug addiction
- Intermarriage of blood relatives to a prohibited degree
- Irretrievable breakdown of a marriage (no-fault grounds)
When a person cites fault grounds (the first 12 in the list above), these grounds can be contested - meaning that if a person is accused of adultery, he or she can defend themselves against the accusation. For this purpose, many people cite "no-fault" grounds to avoid this issue, expedite this part of the process, and get to the important matters at hand.
Contested vs Uncontested Divorce: Understanding the Differences
The distinction between contested vs uncontested divorce significantly impacts the timeline, cost, and complexity of your case. Understanding these differences helps you prepare for what lies ahead:
Uncontested Divorce Characteristics
- Both spouses agree on all major issues
- Faster resolution (typically 31+ days in Georgia)
- Lower legal costs
- Less court involvement
- Reduced emotional stress
Contested Divorce Characteristics
- Disagreement on one or more significant issues
- Extended timeline (months to years)
- Higher legal fees due to court proceedings
- Extensive discovery process
- Potential trial requirements
Read more about how contested divorces differ from uncontested divorces here.
The Contested Divorce Process in Stockbridge
Initial Filing and Response
The process begins when one spouse files a Petition for Divorce in Henry County Superior Court. The other spouse has 30 days to file an Answer, potentially contesting the stated grounds or raising counterclaims.
Temporary Orders
Courts may issue temporary orders addressing immediate needs such as child custody, support, and exclusive use of the marital home while the case proceeds.
Discovery Phase
Both parties exchange financial information, documents, and evidence. This may include depositions, interrogatories, and requests for production of documents.
Mediation Attempts
Georgia courts often require mediation before trial, providing one final opportunity to resolve disputes outside the courtroom.
Trial Preparation and Proceedings
If mediation fails, the case proceeds to trial where a judge makes final decisions on all contested issues.
The McDonough courthouse, serving Henry County, maintains specific local rules that our attorneys navigate expertly to protect your interests throughout the process.
Property Division in Contested Divorces
Georgia follows equitable distribution principles, meaning marital property must be divided fairly but not necessarily equally. Contested property division often involves:
Marital vs Separate Property Classification
- Assets acquired during marriage (typically marital)
- Pre-marital property and inheritances (typically separate)
- Businesses started or grown during marriage
- Retirement accounts and pension benefits
Valuation Disputes
- Real estate appraisals
- Business valuations
- Personal property assessments
- Investment account determinations
Distribution Factors
- Length of marriage
- Each spouse's financial contributions
- Non-financial contributions (homemaking, childcare)
- Future earning capacity
- Misconduct affecting marital assets
Schedule Your Consultation with a Contested Divorce Attorney in Stockbridge, GA
If you are facing a contested divorce, it is important to have quality legal representation. Here at South Atlanta Family Law, we understand that a contested divorce is impactful to the individuals involved and the family experiencing it.
Our goal is to make the divorce process as simple for our clients as possible. We give our clients all the information they need to understand the legal issues so that they can make fully informed decisions. We also work efficiently and effectively to keep our divorce clients’ costs reasonable and affordable.
For a consultation with our firm, please fill out our online form.
Contested Divorce FAQ's
Our FAQ section on contested divorce provides answers to some of the most common questions families have when facing a contested divorce.