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What Are My Options For Filing Divorce?

Georgia provides for filing a contested divorce or filing an uncontested divorce. An uncontested divorce is usually completed with litigation or mediation. Any points on which you and your spouse cannot reach an agreement in an uncontested divorce, or all points if you file a contested divorce, will be resolved in a courtroom. A mediated divorce, favored when both parties can work together, provides the lowest stress and cost.

Uncontested divorce is the most common type of divorce filing in Georgia. A petition for an uncontested divorce is the same as what other States refer to as a no-fault divorce.

Uncontested Divorce In Georgia

The foundation for filing an uncontested divorce is that both parties want a divorce. You can file for an uncontested divorce by claiming one or more of the 12 legal grounds for divorce in Georgia. Spouses can speak directly with each other or litigate through their respective divorce lawyers to set the terms of their divorce. The common areas to be litigated are Child CustodyChild SupportProperty Division, and Spousal Support.

An uncontested divorce is far less expensive and less stressful than a contested divorce. “Uncontested” refers to only you and your spouse both agreeing to get a divorce. It does not imply you have specific areas of disagreement. Negotiating the fine points of your divorce is a customary part of the divorce process.

Filing for an uncontested divorce is appropriate if you believe you and your spouse can work through your differences relatively easily. Most differences are settled are settled relatively easily and without court intervention.

Contested Divorce In Georgia

Contested divorce is the most complicated way of getting a divorce in Georgia. Filing a petition for a contested divorce requires the details of your marriage and divorce conflicts to be resolved in a public court.

Filing for contested divorce is done when one party does not want a divorce, or there are extreme differences upon which the parties cannot reach an agreement through normal litigation. You can file for divorce by claiming one or more of the 12 legal grounds for divorce in Georgia. Your spouse can contest the cited ground(s) for divorce or simply refuse to litigate and push the matter into court.

In a contested divorce, all areas pertaining to developing a Settlement will be decided in court. This includes but is not limited to Child Custody, Child Support, Property Division, and Spousal Support

Filing for contested divorce is appropriate if you believe you and your have little to no chance of working through your differences directly or via your lawyers.

How Does The Divorce Process Work?

A divorce process formally begins when a divorce law firm has been retained to draft and file a divorce complaint. The non-filing party (your spouse) will be served divorce papers, and they must formally respond to the complaint. Usually, a spouse hires a lawyer who will litigate with your lawyer to develop a Settlement Agreement. After your divorce is final, changes can be made by requesting a divorce modification.

Where Do I Start To Get A Divorce In Georgia?

The best way to start is to consult a divorce lawyer to discuss your situation and options. Every divorce has its own unique aspects. The internet and friends can grossly misinform you and subsequently lead you to make costly mistakes. To learn the truth about divorce in Georgia and take control of your situation, contact a Canton, Georgia, divorce lawyer at Law Office of Eric A. Ballinger by calling 770-479-2020 or filling out this short online form.