Contested Divorce
Serving clients in Dallas, Marietta and throughout the Metropolitan Atlanta area
Divorce Attorneys in Marietta GA
Are you considering getting divorced from your spouse? There are a number of factors that may make your case more complex than the average divorce. You may have property that you inherited during the marriage that you don’t want your spouse to get their hands on. You may have a source of income that you don’t want your spouse to tap into. And there may be child custody issues that will be hard to resolve.
Don’t Try to Represent Yourself in Divorce Court
The worst thing you can do is attempt to represent your own case in divorce court. This is a trap that your soon to be former spouse would like nothing more than for you to fall into. You can be sure that they have hired a professional divorce attorney to represent their side of the argument.
The opposing attorney will go out of their way to paint you as a bad and unreliable spouse. Any flaws that you may have will be highlighted in the worst possible manner. Even worse, the attorney for your spouse will try to get you to contradict your own testimony or even incriminate yourself. This is why you need your case to be argued by a professional attorney, especially if there are custody issues involved.
Contact a Dallas GA Custody Lawyer Today
Your best bet is to contact a professional Dallas GA custody lawyer to represent your case. Get in touch with the law offices of William R. Pike to learn your options. We can schedule an initial consultation with a lawyer that will help you form a winning strategy to get you the custody results that you desire.
If you are ready to win your divorce case and get custody of your child, you need to take action today. The time for you to contact the law offices of William R. Pike is now.
What to Know About Contested Divorce in Georgia
Contested vs. Uncontested Divorce
In Georgia, a contested divorce means the parties involved cannot agree on one or more important issues—such as how to divide marital property, allocate debt, or determine custody. These disagreements force the court to step in and make binding decisions on behalf of both spouses. In contrast, an uncontested divorce involves mutual agreement on all major terms and typically moves more quickly through the system.
A contested case may involve deeper financial discovery, more intense litigation, and longer timelines than its uncontested counterpart. If one spouse refuses to cooperate or makes unreasonable demands, the case may become even more difficult to resolve without judicial intervention.
Key Issues in Contested Divorces
Property division is a frequent point of contention. Georgia follows the equitable distribution model, meaning assets are divided fairly, but not necessarily equally. Disputes often arise over what constitutes marital versus separate property, especially when inherited assets or business interests are involved. In cases involving children, custody and parenting plans can become highly emotional topics that require the court’s intervention. Working with a contested divorce attorney ensures that your interests remain protected throughout the proceedings.
Financial support is another common dispute, especially in marriages where one spouse earns significantly more than the other. Courts will consider income levels, earning capacity, and the length of the marriage when evaluating alimony. A strategic legal approach can make a major difference in what you’re obligated to pay—or what you’re entitled to receive.
How the Court Approaches These Cases
Contested divorces generally go through several phases, including discovery, pre-trial motions, temporary hearings, and eventually a trial if a resolution isn’t reached. The court evaluates each side’s position based on evidence, financial disclosures, and testimony. Having a contested divorce lawyer to advocate on your behalf and prepare thorough documentation can significantly affect the final outcome—especially when parental rights, home ownership, or long-term financial stability are at stake.
It’s not uncommon for contested cases to take a year or longer. The duration often depends on the complexity of the disputes and the availability of court dates. Our firm remains involved from start to finish—monitoring deadlines, handling negotiations, and preparing for trial when necessary.
What Happens If My Spouse Refuses to Cooperate?
In highly contentious situations, one spouse may try to delay the case by avoiding service, hiding financial documents, or ignoring court orders. Georgia courts have mechanisms to address this behavior. If necessary, we can request that the court compel cooperation, impose sanctions, or proceed with your case even if the other party refuses to participate. This ensures that your rights are not left in limbo due to your spouse’s inaction.
Frequently Asked Questions
- What is the difference between fault and no-fault divorce in Georgia?
Georgia recognizes both. A no-fault divorce can be filed on the grounds that the marriage is irretrievably broken. A fault-based divorce may cite reasons such as infidelity or cruelty, which can influence alimony and custody outcomes. - Do both spouses have to agree to end the marriage?
No. As long as one spouse believes the marriage is beyond repair and files correctly, the divorce can move forward—even if the other spouse disagrees. - What role does mediation play in contested divorces?
Mediation is often required before a trial. It provides both sides a chance to negotiate a resolution outside of court. While not always successful, it can reduce time and expense. - Can temporary orders be requested during the divorce?
Yes. Temporary hearings may establish short-term arrangements for custody, child support, and housing until the final order is entered by the court.
