DeKalb County Divorce Lawyers

Uncontested vs. Contested Divorce in Georgia

Every divorce case involves unique individuals and families with circumstances, needs, and goals specific to them. Finding the right method to resolve your divorce is essential. 

Will your divorce be contested or uncontested? If you and your spouse can agree on all the elements of a divorce listed above, your divorce can be uncontested. This generally makes the process faster and simpler. 

If you can’t agree on relevant divorce issues, you are facing a contested divorce. This may mean you and your spouse must proceed to trial after exhausting other options. 

The Filing Process 

The divorce process begins when you or your spouse file a formal divorce complaint. The spouse who files the complaint is the “plaintiff.” The other spouse is the “defendant,” and they have 30 days to respond. 

If they do not respond within 30 days, the divorce process may go on without them. In such cases, the court may grant a default judgment in favor of the filing spouse based on the information provided.

Once the paperwork has been filed, the next step in the divorce process is “discovery.” This means each spouse and their lawyers will gather the necessary evidence and information from each other. These documents will be used to build the case for each party. After this, the case will go to trial.

Same-Sex Divorce

Same-sex couples face the same legal challenges and considerations in divorce as heterosexual couples. Our attorneys are experienced in handling the unique issues that may arise in these cases, such as the division of assets accumulated before the marriage's legal recognition and complex child custody matters. Custody matters can involve non-biological parental rights and other issues. We strive for fair settlements and work to protect your rights throughout the process.

Military Divorce

Military divorces involve additional layers of complexity due to the combination of federal guidelines and state laws. Whether addressing the division of military pensions, navigating the Servicemembers Civil Relief Act (SCRA), or handling custody arrangements when one spouse is deployed far from home, our firm is well-versed in the specific challenges that military families face. We work diligently to balance the unique needs of servicemembers and their families as we pursue an equitable and fair outcome. 

Separate Maintenance Action / Separation Agreements

A separate maintenance action or separation agreement can provide a structured financial and custodial arrangement for couples who wish to live separately without formally ending their marriage. 

These agreements cover crucial aspects such as spousal support, child support, and the division of property and debts without finalizing a divorce. Our firm can help draft comprehensive and legally binding separation agreements that safeguard your interests and provide stability during the separation period.

High Asset Divorce

High-asset divorces can be particularly challenging due to the complexity of valuing and dividing substantial assets. These cases often involve businesses, professional practices, multiple properties, significant investments, and other valuable assets. 

Our firm is highly experienced in handling intricate financial matters, including thorough asset valuation and equitable distribution. We collaborate with financial experts to uncover all assets and liabilities, striving to secure a fair settlement that reflects your contributions and future needs.

Multiple Ways to Resolve a Georgia Divorce

Several methods of resolving a contested divorce are available in Georgia. 

Mediation is very common and is required in some jurisdictions. It is designed to be a more civil and less expensive way to end a marriage. The spouses work with a neutral third party, the mediator, who guides them to an equitable agreement. 

For the process to be successful, spouses must cooperate and negotiate in good faith. Although attorneys do not participate directly in divorce mediation, E. Noreen Banks-Ware can provide valuable advice and guidance as you work through the process. 

Negotiation is another resolution method. In this case, the parties and/or their lawyers discuss the unresolved issues to reach an agreement. It is an informal process.

Avoiding Court with Collaborative Divorce

One way to avoid a protracted legal battle is to consider a more reasonable approach known as collaborative law divorce. Essentially, both spouses and their attorneys agree in writing to reach a negotiated settlement rather than litigate the divorce. 

Collaborative law is an interdisciplinary process that involves working with facilitators, including mental health professionals and financial experts, to resolve key issues, such as spousal support, child custody, visitation, and child support. 

A collaborative divorce involves each party’s attorney and the spouses meeting to discuss the contested elements. If necessary, this is often done with help from other service professionals, such as accountants, child psychologists, and others. The goal is to reach a mutually satisfying agreement. However, the attorneys must withdraw if the process fails, and the couple’s case will go to trial.

Traditional Divorce Litigation

When negotiation, mediation, or collaborative divorce does not produce results, the divorce will go to trial. In Georgia, some divorce trials are bench trials, meaning that only a judge will make the decisions.

In other cases, a divorce can go to a jury trial if property division, alimony, and child support are unresolved. Trials typically take longer and are more formal, stressful, lengthy, public, and costly. This is normally the last resort.

Divorce by Publication

A third, uncommon form of divorce exists called divorce by publication. This applies if you have lost contact with your spouse after showing a genuine effort to notify them of the divorce. This involves publishing a notice in a newspaper for an appropriate amount of time. 

To do this, you must present the divorce petition and case initiation form, along with a notice of publication and an affidavit of diligent search that describes the efforts made to notify your spouse.

Will You Have to Go to Court?

Relatively few divorce cases go to trial. You may, however, have to appear in court for some matters, even if you are participating in mediation or negotiation. In these situations, it is common for people to appear before a judge without being involved in an actual trial.

Where Do You File for Divorce in Georgia?

In Georgia, you must file your divorce with the local clerk of the superior court in the county where you have lived for the last six months. The spouse who initiates the divorce will send a complaint to the clerk and pay a filing fee. In some cases, this filing fee may be waived for qualifying impoverished individuals, generally those who make less than the minimum wage.

This begins the divorce process, requiring notification and service of the divorce papers to your spouse and kicking off the discovery process of the proceedings. An attorney can help you complete your divorce complaint and have it sent to the appropriate clerk so that your spouse is notified. 

We frequently assist clients at all stages of the divorce process, including the initial filing of the complaint. 

The two most common locations that we file are:

• Atlanta Location
  • Superior Court of Fulton County
  • 136 Pryor Street SW, #C515
  • Atlanta, GA 30303
• DeKalb Location
  • DeKalb County Superior Court
  • 556 North McDonough Street, #1100
  • Decatur, GA 30030

What Forms Do You Use to File for Divorce?

Your divorce complaint will require different forms depending on the type of divorce you are considering (whether contested or uncontested). 

For a contested divorce, you need to include:

• Your divorce petition
• Case initiation form
• Standing order
• Sheriff’s entry form

If you are filing for an uncontested divorce, you will need the first three documents listed above, an “acknowledgment of service” form and a “consent to try” form from your spouse.

What You Can Do to Prepare for Divorce

Create a support network. You will process many feelings before, during, and after a divorce. It’s unhealthy to bottle up emotions or fears; that magnifies them and can make the process harder. 

Instead, talk to friends and family about your concerns, feelings, or worries. However, do not take legal advice from anyone who is not a family law attorney,

See a therapist. In addition to talking with people you know, you may want to see a therapist who focuses on family issues or trauma. Divorce can bring up long-buried emotions from other family conflicts, even those that occurred in childhood. Having a professional counselor as part of your support network can help you work through all feelings that arise. 

Talk to a lawyer. Whether you are in the early stages of considering divorce or are ready to file, speaking with a lawyer will provide valuable answers to many questions. Every divorce is unique so that you will get information specific to your circumstances.

Gather your financial information. “Will I have enough money after divorce?” is a common and valid question. Get your financial paperwork together to thoroughly understand your current economic state, including debt. 

You will also want to consider your financial strategy. Will you pay or receive spousal support or child support during the divorce? After the divorce? Will you need to sell your house? What will happen to your retirement accounts? An attorney can provide answers to the legal aspects of these questions; you may want to consult a financial expert for a detailed analysis.

Plan for your children. You will likely have questions and concerns about child custody. Ideally, you and your spouse/co-parent may be able to come to an agreement that works for everyone. However, you may still have questions like: Will your children need additional child care during or after the divorce? If so, who will pay for it? Finding answers to these questions is vital so you can plan.

Determine your ideal divorce outcome. What do you want your life to look like post-divorce? What do you want for your children? Are you hoping for an amicable divorce, or are you prepared for a battle? These are critical questions to ask yourself so you have a goal in mind before you start.