Cherokee County Contested Divorce Lawyer

Sometimes, ending a marriage is the most appropriate option, giving you and your partner space to move forward and reestablish your own lives. While you might hope that you and your spouse can agree on all legal issues (like child custody and property division), many people find these topics challenging to work through. In these situations, the divorce process may require you and your partner to engage in lengthy negotiations and court proceedings.

If you are in this position, consider working with a Cherokee County contested divorce lawyer on our team. For years, we have helped many Georgia residents move forward with their lives while protecting their best interests. Our dedicated divorce attorneys leverage their training and hands-on experience to help craft practical solutions for all involved.

What Are the Grounds for a Contested Divorce?

When people cannot agree on legal issues they need to address to end their union, this means the divorce is contested. For example, they may not see eye to eye on how to approach distributing their assets, like the family house, bank accounts, cars, and other valuables. Likewise, they may have conflicting views about who should have custody of the children and what fair visitation looks like.

Under the Official Code of Georgia Annotated § 19-5-3, there are many reasons that you and your spouse can point to (legally speaking) as the reason for the divorce. Some of these grounds include:

  • A spouse did not have the mental capacity to agree to the marriage at the time of the union (e.g., because of age or intoxication);
  • The wife was pregnant with someone else’s child at the time of the wedding, and the husband did not know about this;
  • One of the spouses was unfaithful during the marriage;
  • The parties’ marital relationship has irretrievably broken down;
  • One of the spouses is habitually intoxicated.

Many people find it helpful to collaborate with a Cherokee County attorney for assistance with the contested divorce process to ensure they understand their rights and requirements.

Legal Requirements for Filing a Contested Divorce

To qualify for a divorce, you need to meet specific legal requirements. For example, under O.C.G.A. 19-5-2, either the person asking for a divorce or the respondent must be a Georgia resident for at least six months before filing the proceeding.

The person who files for divorce (the petitioner) also needs to file a petition with the proper court. Under O.C.G.A. 19-5-5, this document should give information about each spouse and the grounds for the divorce. Additionally, it should talk about the date and location of the marriage and, in some cases, describe each person’s assets.

The petitioner needs to serve the other spouse with a copy of this document, which they can respond to. The spouses will also need to discuss how to divide their property between them and, if they have children, how to handle custody and visitation. Our Cherokee County attorneys can guide people through the contested divorce process and help them meet the legal requirements.

Let a Cherokee County Attorney Help You During a Contested Divorce

Going through the legal process to end your marriage can be empowering and challenging. In addition to handling your daily obligations, you may also have to sort out important issues about co-parenting and spousal support. By working with a seasoned lawyer, you can give yourself space to breathe and confidence through knowing a professional is taking care of the legal matters.

Our compassionate and knowledgeable attorneys have years of experience helping individuals and families through the divorce process. We seek to develop personalized and effective solutions that work best for our clients. Contact a Cherokee County contested divorce lawyer on our team to schedule a consultation.

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