Contested Divorce in Georgia: A Step-by-Step Guide
A divorce is considered contested when spouses cannot agree on one or more major issues, such as child custody, child support, alimony, the marital home, retirement accounts, or how to divide debt. It only takes one unresolved issue for a case to be contested, and many couples who agree on most things still end up in this category. If that sounds like your situation, understanding what happens next can take a great deal of the fear and uncertainty out of the process.
Every Georgia divorce begins with a few basic requirements. At least one spouse must have lived in Georgia for six months before filing, and the case is filed in Superior Court, usually in the county where the other spouse lives. For many of our clients, that means the Douglas County Superior Court in Douglasville, though we regularly handle cases in Cobb, Fulton, Paulding, and surrounding counties. Your attorney files a Complaint for Divorce, and your spouse must then be formally served by a sheriff or licensed process server. Georgia does not allow you to simply hand the papers to your spouse yourself.
Once served, your spouse generally has 30 days to file an Answer. In contested cases, the other side often files a Counterclaim asking the court for their own version of custody, support, or property division. From this point forward, both sides are building their case, and the decisions you make, including what you say, what you sign, and how you handle money, can affect the outcome.
Because contested cases can take months, the judge may hold a temporary hearing to set the rules while the divorce is pending. The court can decide who stays in the marital home, establish a temporary parenting schedule, order temporary child support or alimony, and assign responsibility for household bills. These temporary orders are more important than many people realize. They often set the pattern for the rest of the case, which is why careful preparation for the temporary hearing matters.
Next comes discovery, the process each side uses to get the facts. Georgia requires both spouses to complete a Domestic Relations Financial Affidavit listing income, expenses, assets, and debts under oath. Attorneys may also send written questions, request bank statements and tax returns, subpoena records from employers and financial institutions, and take depositions. In cases involving a business or significant assets, valuation professionals or forensic accountants may become involved.
Most Georgia Superior Courts, including the courts in the Douglas Judicial Circuit, require contested domestic cases to attend mediation before trial. A neutral mediator helps both sides negotiate, and many contested cases settle at this stage, saving time, money, and stress. If mediation does not resolve everything, the case proceeds to trial. A judge decides custody, and Georgia is one of the few states where either side can request a jury to decide property division and alimony. Once every issue is resolved, the judge signs a Final Judgment and Decree of Divorce.
Facing a contested divorce in Douglasville or metro Atlanta? Call Chisolm Trimble & Associates, LLC at (770) 741-1570 (Douglasville) or (770) 731-8010 (Midtown Atlanta), or request a consultation at chisolmtrimblelaw.com.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship.
