Atlanta, GA Contested Divorce Lawyer

Filing for divorce before settling all the issues required to dissolve a marriage, such as property division, child custody, and spousal support, might cause your divorce to be contested. A contested divorce could lead to a trial, but spouses often reach a settlement before this point.

When you are involved in a contested divorce, you need a divorce attorney with trial and negotiating skills. An Atlanta, GA contested divorce lawyer can take the lead in advocating on your behalf to ensure your best interests are preserved. Reach out to our team today to learn more.

Filing Requirements for Georgia Divorce

The spouse who files for divorce is the plaintiff, and the other spouse is the defendant. A plaintiff must have lived in Georgia for at least six months before they can bring a divorce action.

Spouses must be separated when a plaintiff files for divorce. However, being separated does not have to mean living in separate homes. You could reside under the same roof with your spouse but must have ceased sexual relations with the intention to divorce.

The Official Code of Georgia § 19-5-3 lists the legal grounds for divorce. Citing irreconcilable differences, a no-fault grounds, is often the best strategy as it spares either of you from having to prove the other’s marital misconduct. However, if fault-based grounds exist, it is sometimes advantageous to establish them. It is important to note that divorces based on fault have a mandatory waiting period of 46 days. An Atlanta, GA contested divorce attorney can discuss the pros and cons of citing fault in a specific case.

Multiple Issues Must Be Resolved in a Divorce

Once the parties have reviewed each others’ initial document production, the attorneys often present more specific requests for information and documents. As they receive the information and attempt to verify it, they typically begin negotiating the issues the couple must resolve in their divorce:

Property Division

Georgia courts divide marital property equitably, not equally. Marital property is everything the couple acquired, together or separately, since their marriage. Debt acquired during the marriage is also marital property.

Anything either spouse owned before the marriage or acquired during the marriage through an inheritance or gift is separate property. Similarly, any debt a spouse had when then entered the marriage remains their sole responsibility.

When a court must divide a couple’s property, the judge considers multiple factors, including the length of the marriage, each spouse’s economic and non-economic contributions to the household, and how much separate property each will take from the marriage. When one of the spouses is at fault for a divorce, a judge may consider that when dividing the marital assets. A contested divorce lawyer in Atlanta, GA can help ensure the division is fair.

Alimony

Spousal support is not automatic in a Georgia divorce but when a spouse requests alimony, a judge will sometimes award it. The requesting spouse must demonstrate that they have a need for ongoing financial support and their spouse can afford to pay it.

Temporary alimony is sometimes awarded while the divorce is pending. Once the divorce is final, temporary alimony ceases. In cases of a marriage of 20 plus years, or when a spouse’s health, age, or disability prevents them from being self-supporting, a judge might award permanent alimony.

More often, the spouse who makes less receives periodic alimony. This form of alimony terminates after a set period and is intended to give a spouse the time to gain the education or credentials they need to become self-supporting.

Child Custody

Under the Official Code of Georgia Annotated §19-3-3, both parents have the right to seek custody of their children, and the gender of the parent is not a factor. Parents decide how they will allocate decision-making responsibility (legal custody) and which parent the children will live with (physical custody).

Many parents work together to make co-parenting arrangements that allow the children to have close and meaningful relationships with both parents. These parents often share legal custody and may also share physical custody. When joint physical custody is not workable, one parent might have primary physical custody and the other has generous parenting time that often includes overnight stays.

When parents cannot agree, the judge can appoint a custody evaluator to make a recommendation. The court will award custody based on what the judge believes serves the children’s best interests.

Visitation

Visitation is usually called parenting time. The law favors each parent having enough time with the children to maintain a close and meaningful relationship with them.

Sometimes one parent wants to limit the other’s time with the children. Courts will consider limited or supervised visitation when the parent can prove their co-parent poses a danger to the children. An Atlanta contested divorce attorney can explain whether the circumstances in a specific case merit a request for supervised visitation.

Child Support

Children have the right to the financial support of both their parents. Parents cannot waive child support even when the custodial parent does not need the money. Child support is based on a formula, but there are grounds to deviate from the formula amount.

Health care premiums for the children and childcare costs are incorporated into the calculations. Deviations from the formula amount are possible when a parent has a higher or lower than average income, when parents both have substantial parenting time, when a child has extraordinary education or medical needs, or when one parent is providing for the other and the children.

Legal Process for a Contested Divorce

When a plaintiff files a complaint for divorce, the defendant must file an answer within 30 days.  A contested divorce attorney in Atlanta, GA can help individuals prepare their initial filing and ensure that the family courts and the other spouse receive it timely. Once a plaintiff files a divorce petition, the law prohibits either spouse from disposing of any marital property or moving the children out of state. Georgia courts often issue orders prohibiting these actions.

In Fulton County, divorce actions involve a series of pre-scheduled status conferences and mandatory discovery. Family courts will hold a 30-day status conference after both parties have submitted their initial filings. Both parties must attend.

The mandatory discovery includes a set of questions each party must answer about their legal residence, income from all sources, their children, and any specific needs the children have. The parties also must bring supporting documents, including three years of tax returns, one year of pay stubs, receipts for childcare and activities the children participate in, and other proof of the parties’ financial position.

Ongoing Contested Divorce Negotiations Often Result in a Settlement

Once the parties have reviewed each others’ initial document production, the attorneys often present more specific requests for information and documents. As they receive the information and attempt to verify it, they typically begin negotiating the issues the couple must resolve in their divorce:

• Division of the marital property
• Alimony
• Child custody
• Visitation
• Child support

Status conferences will occur at the 30-day, 60-day, and 120-day mark, and roughly every eight weeks after that. Status conferences are informal proceedings in a conference room, not a courtroom. A judicial officer typically presides and can issue temporary orders or require the spouses to seek mediation.

Mediation often results in temporary agreements or even final settlements. Negotiations between the Atlanta, GA divorce attorneys often resolve contested issues not finalized in mediation. In most cases, a couple settles before a trial. However, if necessary, our firm is prepared to present evidence, examine witnesses, and argue strenuously before a judge to achieve the desired result.

Contact an Atlanta, GA Attorney to Handle Your Contested Divorce

A contested divorce is necessary for many couples, especially if their finances are complex or they disagree about what is best for their children. The discovery process can provide the couple with the information they need to agree on contentious issues. If a pre-trial settlement is impossible, our attorneys can ensure that the judge hears compelling evidence supporting a spouse’s position.

An Atlanta, GA contested divorce lawyer has the knowledge and skills to achieve the results you are looking for. Reach out to our team today to schedule a consultation.