Contested Divorce

Starting a Contested Divorce

Filing & Responding

The first step in a contested divorce is preparing and filing a petition for divorce. Part of the divorce petition is citing one or more of the 13 Grounds for Divorce in Georgia. The non-filing spouse will then be served with divorce papers, and have 30 days to respond to the complaint. The lawyers for each party will make contact to begin working through the divorce.

Temporary Orders

A first order of business is establishing temporary orders. The lawyers litigate, prepare, and present a plan to the court which defines terms for living during the divorces. This typically addresses temporary living arrangements, spousal support, access to marital property, blocking accumulation of marital debt or disposing of assets, and child-related issues such as support, custody, visitation, and any special needs.

Discovery Process

The discovery process identifies marital property which is subject to division. This includes homes, real estate, vehicles, motorcycles, boats, retirement accounts, pensions, investments, etc.

The common discovery process has an honor-system approach. In high net worth divorces and contentious divorces, a spouse may hire a financial forensic investigator to find hidden assets.

Anything deemed to be non-marital property (Separate Property) refers to items you had prior to getting married and inheritances. These items are not subject to divorce laws on equitable distribution. Common non-marital property includes gifts, jewelry, firearms, clothing are not usually subject to property division litigation. Personal collections may be subject to division as investments.

Re-Assigning & Hiding Assets

Spouses have a legal obligation to act in good faith regarding disclosure of financial details. Spouses must fully disclose all assets and debts, whether held jointly or separately. Any attempt to hide or not disclose assets can bring criminal charges. Trying to hide money, investments, property, temporarily "sell" property to a friend or relative, or otherwise fail to report property out of the courts view can bring criminal charges.

Litigation & Negotiating

The lawyers buffer emotional triggers and rationally discuss the preferences of their respective clients. Ongoing litigation involves applying established divorce laws, family law standards, and logic to negotiate a mutually acceptable Settlement Agreement. If necessary, the divorce lawyers can collaborate to create a Parenting Plan.

Virtually everything is subject to litigation. The core areas to be litigated are (but not limited to) equitable division of property, financial assets and debt, spousal support, child support, child custody and visitation.

Certain financial assets, such as retirement and investment accounts, may require creating a Qualified Domestic Relations Order (QDRO). This will allow division and transfer of funds while legally avoiding taxes and penalties.

Court Appearances

Court appearances may or may not be necessary to finalize your divorce.

Limited Conflict: If your case becomes stalled over one or two minor points you will go into court. A family court judge will make the decisions on any unresolved points.

High Conflict: True contested divorces exhaust the ability for lawyers alone to reach amicable agreement. This is common in high net worth divorces and divorces with a business. In these cases, the divorce is played out in a court and a judge will make the decisions on every contested point.

We strongly recommend you avoid taking your divorce into a trial setting. When a judge makes the decisions, the outcomes are beyond your control.

Finalizing the Divorce

Upon review of all documents and the approval of a family court judge, your divorce will be granted and immediately become effective. Your lawyer will make certain that you receive copies of your final divorce decree.