What Is the Definition of a “Contested Divorce” in Georgia?

When you approach the end of your marriage, you may encounter various legal terms that seem completely foreign. Many spouses become confused by the phrase “contested divorce,” and this is an important concept to unravel. With a clear understanding of this phrase, it may be easier to pursue positive divorce outcomes – especially with guidance from an experienced Atlanta divorce lawyer.

A Contested Divorce Involves Disagreements

A contested divorce occurs when spouses cannot agree on how to resolve their differences. Even if they disagree on a minor detail, an uncontested divorce is inevitable. If spouses cannot resolve their differences outside of court, then they must proceed with a trial. These trials are often extremely combative, and some argue that the legal system is structured in a way that pits spouses against each other. This “me vs. you” environment encourages spouses to “win” rather than collaborate and cooperate.

Contested divorces almost always occur after failed mediations. This is because most family court judges order spouses to attempt mediation before proceeding to litigation. Mediation is an example of alternative dispute resolution (ADR), and it occurs outside of the courtroom. During this process, spouses are encouraged to resolve their differences with guidance from a neutral, unbiased mediator.

An Example of a Contested Divorce in Georgia 

Suppose you and your spouse agree on how to divide the family home, the family vehicles, and other marital property. You might also agree on an appropriate arrangement for alimony and child support. But when you begin discussing child custody, it becomes clear that neither spouse is willing to back down. Both you and your ex want primary physical custody, and neither one of you is willing to accept equal, shared custody.

This scenario is relatively common, and it would lead to a so-called “contested divorce.” Some might also call this a “custody battle,” and it would play out in the courtroom. Even if you manage to agree on every other detail, a single dispute over something like child support could force you to go to court.

Note that this disagreement might be over something much more minor. Suppose you have a baseball card collection – and your spouse believes it might be worth millions. Perhaps some of your baseball cards were passed down from your father, and you are unwilling to part with such a sentimental piece of property. If mediation or collaborative law cannot resolve this issue, a trial may be the only way to decide the fate of the baseball card collection.

 Can an Atlanta Divorce Lawyer Help With My Contested Divorce? 

An Atlanta family law attorney may be able to help with your contested divorce. That being said, a lawyer might also help you avoid a contested divorce, thereby saving you legal fees and helping you resolve your disputes faster. An uncontested divorce is also inherently more private, and it may be less stressful. Whether an uncontested divorce is inevitable or not, you can discuss your next steps with Buckhead Family Law.

Sources:

 georgia.gov/file-divorce

mercer.openrepository.com/bitstream/handle/10898/7150/30_34MercerLRev449(1982-1983).pdf?sequence=1&isAllowed=y