A contested divorce in Georgia arises when spouses cannot agree on one or more key issues, such as property division, child custody, or support, and must resolve their disputes in court. In these cases, each party files written pleadings, gathers evidence, and may even request a jury trial, extending the timeframe and increasing the legal complexity of the dissolution process.
When facing a contested divorce in Georgia, parties should prepare for formal discovery, hearings on temporary orders, and potentially a full trial before a judge or jury. If you are preparing to challenge disputed matters in your divorce, the Law Offices of William R. Pike is ready to guide you through each step
Explaining the Contested Divorce Process
The contested divorce begins with the filing of a petition in the superior court of the county where either spouse resides. Once the petitioner files the initial pleading, the respondent must file an answer raising any defenses and may demand a jury trial in writing on or before the call of the case for trial. If no defenses are raised, the case may proceed as an uncontested divorce. However, in a contested divorce, both spouses engage in formal discovery, which includes interrogatories, requests for production of documents, and depositions. Judges in many Georgia counties also encourage, and sometimes require, attendance at alternative dispute resolution or settlement conferences before trial to explore possible agreements.
Documentation and Evidence Gathering
Evidence-gathering is crucial in a contested divorce, as the court will rely on documentation to make decisions regarding asset division, alimony, and child support. Spouses should compile financial records, including tax returns, bank statements, retirement account information, mortgage and loan documents, and records of all marital debts.
In property division, Georgia follows the equitable distribution principle, meaning courts aim for a fair, rather than equal, split of marital assets and liabilities. Gathering evidence of the value of real estate, business interests, vehicles, and personal property is, therefore, essential.
For support issues, documentation of income, expenses, and living costs helps the court determine appropriate alimony and child support amounts. Parties may also submit evidence of misconduct, such as infidelity or waste of marital assets, when relevant under fault-based grounds. However, Georgia’s no-fault option of irretrievable breakdown is most common.
Custody and Parenting Interests
When minor children are involved, contested divorces often pivot on parenting time and custody arrangements. Georgia courts prioritize the best interests of the child, considering factors such as each parent’s mental and physical health, the child’s relationship with each parent, and any history of family violence. Parents may present evidence through affidavits, school and medical records, and expert testimony—such as from psychologists or social workers—to support their proposed parenting plan. Temporary hearings establish interim custody and visitation orders to maintain stability during the litigation. If parents cannot agree, the case may proceed to a full custody hearing where a judge (or, rarely, a jury) makes the final determinations. Working with a knowledgeable divorce attorney ensures that your parental rights are vigorously advocated at every stage.
Where to Find the Best Contested Divorce Lawyers in Georgia?
The Law Offices of William R. Pike Law LLC offers personalized attention from William R. Pike, a seasoned solo practitioner with in-depth knowledge of Georgia’s family law statutes. From drafting precise pleadings to negotiating temporary relief orders and presenting compelling evidence at trial, our firm provides strategic advocacy tailored to the unique aspects of your case.
We understand the emotional and financial strain of a contested divorce in Georgia, and we work diligently to protect your interests, whether it involves inequitable division of assets, spousal support, or securing a favorable custody arrangement.
Secure Your Contested Divorce Matters
A contested divorce in Georgia involves formal legal procedures designed to resolve disputes over property division, support, and custody when spouses cannot agree amicably. From initial filings and discovery to temporary hearings and potential jury trials, understanding what to expect and having a dedicated divorce attorney by your side can significantly influence the outcome of your case.The Law Offices of William R. Pike ensures that clients in contested divorces in Georgia are provided with compassionate and assertive representation in their divorce matters. Call us now to schedule your consultation and take the first step toward a secure future.
