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Atlanta-based couples who wish to dissolve their marriage through divorce have to choose between two routes: contested or uncontested divorce. Both routes differ when it comes to the level of agreement between the two parties regarding key issues affected by the divorce and the nature of the discussions. Understanding these differences can make quite a difference in how fast the divorce can be resolved; but, since every divorce is different, it can be tricky to figure out which is best for your case.
With Davis and Associates, Attorneys at Law, LLC as your family law firm for the case, you will be able to know the route your divorce proceedings should take and make the right decisions that will be crucial for the negotiations. We have both uncontested divorce lawyers and contested divorce attorneys in our legal team ready to help your divorce case move forward.
Call Davis and Associates, Attorneys at Law, LLC at (404) 905-8031 for your Free Consultation with an Atlanta Contested/Uncontested Divorce Attorney.
Understanding Contested and Uncontested Divorce
Uncontested Divorce
An uncontested divorce is the most common way to finalize a marriage in Georgia. During this divorce, both parties agree on what actions to take on issues like child custody and support, debt allocation, spousal support, and property division. Since everyone is in agreement, it can be resolved quickly and allow both parties to save money on attorney fees compared to litigation.
Contested Divorce
Meanwhile, a contested divorce takes place when the parties are unable to agree on one or several issues. These issues are often referred to the court, which will then review the evidence provided by either party and determine how the issue can be resolved. Since the court will get involved, the process becomes time-consuming and expensive for both parties.
It is important to note that a contested divorce can still become an uncontested divorce. Both parties can meet one another with their respective divorce lawyers prior to the judge’s final ruling over the case to resolve any disagreements. Once they resolve the disagreement and put it into writing, it can then be filed before the court for their consideration and approval.
Benefits of an Uncontested Divorce in Georgia
There are many reasons why many couples find uncontested divorce ideal, and they include:
- Faster resolution – It can be done in as fast as 31 days if all points are decided upon in no time.
- Lower cost – Fewer court appearances and legal battles mean reduced expenses.
- Privacy – The results of an uncontested divorce are excluded from the public record, which is normally the case for traditional divorce or contested divorce.
- Reduced stress – Collaborative decision-making leads to a more peaceful process and the creation of an agreement that all parties can abide by for a long time.
Atlanta couples often work with an experienced uncontested divorce attorney to ensure that their uncontested divorce proceeds smoothly. Davis and Associates, Attorneys at Law, LLC can assist with non-contested divorce, uncontested divorce mediation, and uncontested divorce with children cases. Simply let our lawyers know your concerns, and they will work with you to create a settlement agreement that will work for all parties and reduce the possibility of getting into litigation to resolve the divorce.
Why Do Some Divorce Cases Become Contested
On the other hand, divorce cases become contested cases because of the following issues:
- Division of marital property or debts
- Child custody and visitation schedules
- Amount and duration of alimony or spousal support
- Child support amounts
- Valuation of assets like businesses, real estate, or investments
Since these issues will be reviewed in court and evidence will be required for the court’s consideration, having a contested divorce lawyer to support you is key to getting the court to rule in your favor. Davis and Associates, Attorneys at Law, LLC’s contested divorce attorney will look into your situation closely, assist with evidence gathering, and fight for the outcome you desire.
Filing for Contested/Uncontested Divorce in Atlanta
Whether you are filing for an uncontested divorce or a contested divorce, you need to be familiar with the process of how it is done. Couples must also meet the minimum state residency requirement of 6 months, regardless of where they got married, and include at least one of the established grounds for divorce in their petition that is recognized under Georgia’s law.
In an uncontested divorce, the process goes as follows:
- Filing - One party files the petition for divorce before the court, which will then serve the divorce papers to the other party. The other party is given 30 days to respond.
- Formal Negotiations - Negotiations now take place to discuss all the key points that will be affected by the divorce and how it will be handled.
- Attend the Seminar - If the divorce will affect minor children, both parents will be required to attend a seminar for divorcing parents so they can abide by the agreed parenting plan and help their children adjust.
- Court approval - The settlement agreement must be signed by both parties before it is forwarded to the court for finalization. The court can finalize the divorce in as little as 31 days after the divorce papers are served to the respondent. However, they may open the negotiations if there are key points in the settlement agreement that need to be cleared or revised.
Meanwhile, in a contested divorce, the process will involve:
- Filing - One party must file their complaint before the court as to why they want to get a divorce and give the other party a chance to enter their plea response.
- Presenting Evidence - Parties are then given time to gather and exchange information relevant to the case through a written questionnaire or deposition.
- Requesting Temporary Orders - Temporary restraining orders, custody, and support orders can be requested after the initial hearings.
- Mediation - Courts may require parties to undergo mediation prior to a trial to try to smooth out any disagreements or convert the case into an uncontested divorce. However, it is common that most disputes may not be resolved during this period.
- Trial - If the parties are unable to agree on key issues, the case will be brought to court before a judge. The judge will then decide on these unresolved issues, sometimes involving a jury for property division and spousal support.
Contested vs. Uncontested Divorce – Which Should You Choose?
An uncontested divorce is recommended for divorcing couples who are open to compromise and work with one another to resolve any issues that will be affected by the divorce. It is also the most cost-effective choice if you both do not have the resources for a long litigation process.
Meanwhile, a contested divorce is for couples who cannot decide on how key issues can be resolved or if it is hard for them to not be engaged in a disagreement. The court can stand in as the third party to get key issues resolved with all parties in agreement.
Why You Need Legal Guidance for Either Path
Whether you are certain with regards to the divorce path you want or you want the case to be resolved as efficiently as possible, having an Atlanta divorce law firm look into the case is highly recommended.
At Davis and Associates, Attorneys at Law, LLC, you will be assigned to either our uncontested divorce lawyers or our contested divorce attorneys once we have thoroughly assessed your situation. They will make sure you understand the legal process, its cons, and why a specific path works best for your case. They will also serve as your advocate during these proceedings, ensuring that your interest is heard and protected. If you need legal advice, you can count on them to highlight it as the proceedings take place so you can make informed decisions in the process.
Frequently Asked Questions
1. What is an uncontested divorce?
An uncontested divorce is when both spouses agree on all aspects of their divorce, including property division, custody, child support, and alimony. The court does not get involved in the proceedings.
2. What is a contested divorce?
A contested divorce is when spouses cannot agree on one or more major issues, requiring the court to make final decisions.
3. How much does an uncontested divorce cost?
Uncontested divorces are generally far less expensive than contested ones, especially if the negotiations run smoothly.
4. How much does a contested divorce cost?
Contested divorces can cost thousands of dollars due to attorney fees, court appearances, and the length of time needed to resolve the divorce issues.
5. How to file an uncontested divorce?
You’ll need to prepare and file a petition with the court that clearly states why you are seeking a divorce. An uncontested divorce attorney can get the petition done for you and ensure the settlement negotiations take place once the divorce papers are sent to your spouse.
6. Who pays for a contested divorce?
Typically, each spouse pays their own legal fees. However, a judge may order one party to pay some or all of the other’s costs in certain situations as part of their ruling.
7. Do I have to go to court for an uncontested divorce?
In many uncontested cases, you may not have to appear in court at all—your attorney can often handle the filing and finalization for you. You will have to appear before the court if there are key points in the settlement agreement that need to be revised.
8. What happens in a contested divorce?
A contested divorce involves pleadings, court hearings, negotiations, and a trial. The judge will make the final decision on behalf of the two parties if they cannot reach an agreement.
9. How to do an uncontested divorce?
Work with your spouse to resolve all issues in writing, then have both your respective Atlanta uncontested divorce lawyers draft the agreement that you will both sign before filing it with the court.
10. What is a contested divorce hearing?
A contested divorce hearing is where both parties present evidence and arguments before the judge gives their decision on any unresolved issues.
Schedule Your Free Consultation
With the impact it has over your lives, understanding which type of divorce is right for your situation can reduce the burden on you, your spouse, and your children as it is finalized. At Davis and Associates, Attorneys at Law, LLC, you will have access to both our uncontested divorce lawyers and contested divorce attorneys who will provide you with clear legal guidance and support no matter which path you take. They will also help you decide on key issues that would otherwise be a point of contention if there were no legal guidance available.
Check out our legal services today by contacting our hotline at (404) 905-8031 and availing our free consultation. You will be involved in every step of the process, and by the end of the proceedings, you will be able to end your marriage on your own terms.
Call Davis and Associates, Attorneys at Law, LLC at (404) 905-8031 for your Free Consultation with an Atlanta Contested/Uncontested Divorce Attorney. \
