Divorce is never easy, but when spouses can’t agree on critical decisions such as asset division, child custody, or spousal support, it becomes a contested divorce. These types of divorces can be more complex and emotionally charged, leaving many wondering, “How do I prepare for this?”
If you’re facing a contested divorce in Georgia, this blog will guide you through the essentials of what to expect and how working with a divorce attorney can help you protect your rights and prepare for what lies ahead.
What Is a Contested Divorce?
Before we go any further, it’s important to understand what a contested divorce actually is. A contested divorce occurs when spouses disagree on one or more issues that must be resolved before the court can finalize the divorce. These disagreements often include:
- Division of property and assets
- Child custody and visitation arrangements
- Child support
- Spousal support (alimony)
Unlike an uncontested divorce, where both parties agree on all terms, a contested divorce requires legal intervention to resolve these disputes, either through mediation, arbitration, or a court trial.
Why Does a Contested Divorce Take More Time?
Contested divorces typically take longer due to additional legal steps, such as hearings, evidence discovery, and sometimes even a trial. These steps ensure that both parties have adequate time to present their case, but they also extend the overall process and intensify the emotional toll.
How a Georgia Divorce Attorney Can Help You
If you are preparing for a contested divorce, working with a Georgia divorce attorney can make all the difference. Here’s how they can help:
1. Providing Clear Guidance on the Legal Process
The legal system can be intimidating if you’re unfamiliar with it. An experienced attorney will explain every step of the process, from filing paperwork to attending hearings, so you know exactly what to expect. This guidance takes the guesswork out of the process and allows you to focus on the important decisions ahead.
2. Helping You Understand Georgia’s Divorce Laws
Georgia has specific laws that govern how divorces are handled, especially when it comes to property division and child custody. For example:
- Georgia is an equitable distribution state, meaning property is divided fairly but not necessarily equally.
- Courts in Georgia prioritize the best interests of the child when deciding custody arrangements.
Your attorney will ensure you understand these laws and how they apply to your case.
3. Developing a Strong Case Strategy
Your attorney plays a critical role in building a solid case for you. By gathering evidence to demonstrate financial contributions to the marriage, advocating for your parental rights, or identifying the true value of marital assets, your attorney will create a strategy tailored to your situation.
4. Negotiating on Your Behalf
Negotiation is often a key part of resolving disputes in a contested divorce. Whether it’s during mediation or direct discussions with the other party’s attorney, your divorce lawyer will work to advocate for your interests and help you reach a fair agreement whenever possible. Skilled negotiation can not only save time but also reduce the stress of prolonged legal battles.
5. Preparing You for Court, if Necessary
If your divorce proceeds to court, your attorney will handle all aspects of the trial, including:
- Filing pre-trial motions
- Presenting your case to the judge
- Cross-examining witnesses
- Advocating for your rights
Having an attorney by your side ensures you are well-prepared and represented, giving you the confidence to face even the most challenging aspects of the trial.
What Steps Should You Take to Prepare for a Contested Divorce?
While your attorney will guide you through the legal aspects of your case, there are also steps you can take to prepare:
Step 1: Organize Your Financial Documents
Gather all important financial documents, such as bank statements, tax returns, mortgage papers, and retirement account records. Having these documents ready helps your attorney build a clearer picture of your financial situation.
Step 2: List Your Key Priorities
Identify what matters most—whether it’s retaining certain assets, securing custody of your children, or minimizing spousal support payments. Being clear about your priorities will help your attorney focus on achieving what’s most important to you.
Step 3: Document Everything
If there are disputes over finances or child custody, keep a detailed record of communication, expenses, and other relevant activities. This evidence can be crucial in supporting your claims during court proceedings.
Step 4: Focus on Self-Care
Divorce is emotionally draining, and it’s important to take care of yourself during this time. Lean on trusted friends, engage in stress-relieving activities, and consider consulting with a therapist to help manage the emotional impact.
Common Questions About Contested Divorce in Georgia
How Long Does a Contested Divorce Take in Georgia?
The timeline for a contested divorce depends on the complexity of the disputes and whether both parties are willing to negotiate. On average, contested divorces can take several months to over a year to finalize.
How Much Does a Contested Divorce Cost?
The cost of a contested divorce varies, depending on factors like attorney fees, court costs, and the length of the process. While contested divorces are often more expensive than uncontested ones, having a skilled attorney can help resolve disputes efficiently and potentially lower overall costs.
Can Contested Divorces Be Settled Outside of Court?
Yes, many contested divorces are resolved through mediation or settlement discussions before reaching trial. This can save both time and money while reducing stress.
Prepare for Your Contested Divorce with Confidence
Facing a contested divorce can feel overwhelming, but you don’t have to go through it alone. At The Manely Firm, we’re committed to helping you protect your assets, advocate for your interests, and secure a better future. We understand how deeply personal this process is, and we’re here to support you every step of the way.
Together, we’ll help you achieve the best possible outcome.