Fulton County Contested Divorce Lawyer

Contested divorces are commonplace and do not have to be bitter or lead to a nasty court battle. Although some divorces get heated and must be resolved in court, many contested divorces conclude amicably before a trial.

When your divorce is contested, it is of utmost importance to have a lawyer by your side. A Fulton County contested divorce lawyer, with a deep understanding of local family law and a comfort in court appearances, cannot only explain the process but also fiercely protect your rights, ensuring that your divorce goals are met.

Contested Divorces Can Be Fault-Based or No-Fault

The law in Georgia offers 13 legal grounds for divorce. One of those grounds is a no-fault ground, the irretrievable breakdown of the marriage. When a divorce petition states that the marriage is irretrievably broken, neither of you must prove that the other committed marital misconduct. This understanding can help you feel more informed and prepared for the process.

Even when you seek a no-fault divorce, it could be contested if you or your spouse file for divorce before you have reached an agreement on all the relevant issues. No proof of fault is required, but you will have to go through disclosure and document production to establish a fair division of property.

Some contested divorces are fault-based. A spouse may accuse the other spouse of adultery, cruelty, desertion, or one of the other fault-based grounds for divorce. Although citing a fault-based ground sometimes has advantages, you must present proof of your spouse’s misconduct. You should discuss your options with a Fulton County contested divorce attorney before deciding to pursue a fault-based divorce.

Issues You Must Resolve Before a Divorce Is Granted

The Official Code of Georgia § 19-9-1 requires parents to submit a detailed parenting plan describing their custody and child support arrangements. Ideally, parents work together to decide how to co-parent with their children and submit a joint plan. When the parents cannot agree, they each submit a plan, and the judge chooses the one that best supports the children’s interests.

You must also come to a property settlement before a court will grant a divorce. Georgia law requires couples to divide property equitably, given all the relevant circumstances. If the judge must divide a couple’s property, they will consider any factors they deem relevant, which could include the:

• Length of the marriage;
• Value of each spouse’s separate property and their financial condition;
• Financial and other contributions of each spouse to the household;
• Preferences of the children remaining in the family home;
• Conduct of the parties during the marriage.

Many other factors could be relevant to this decision, and a Fulton County contested divorce attorney can ensure the judge has all the information pertinent to support your property division goals.

Alimony

The family courts can award alimony when one spouse proves a need and demonstrates that the other spouse can afford to pay. Alimony is typically temporary. When the marriage lasts many years, or a spouse is unable to work due to mental or physical health reasons or needs to care for a disabled child, extended alimony might be available. When the couple cannot agree on alimony, the judge will decide whether it is necessary and set an amount and duration.

Settlement Before Trial Is Usually the Best Outcome

There are numerous advantages to settling all the relevant issues before trial. A settlement concludes the divorce sooner and avoids the time, stress, and legal fees that come with a trial. Most importantly, a settlement allows you input into the decisions and control over the outcome.

The Fulton County Family Court will schedule a status conference 30 days after the divorce filings are complete. Both parties and their attorneys meet with a court officer to discuss the issues in contention. The court officer may suggest solutions and encourage you and your spouse to continue to negotiate. Subsequent conferences, if necessary, are scheduled for 60 days and 120 days after filing.

When the couple still has outstanding issues after the 120-day status conference, the court may order the parties to mediation. Working with a mediator often results in a final settlement agreement. If not, the court will schedule the matter for a trial.

Select an Experienced Fulton County Attorney to Handle Your Contested Divorce

Contested divorces require legal assistance from someone familiar with the local rules, skilled at negotiation, and effective in court. The Fulton County contested divorce lawyers at Atlanta Divorce Law Group are well-equipped to handle your divorce and ensure you meet your goals.

Reach out to a team member to get started today.