Marietta Contested Divorce

Divorces come in all forms, ranging from amicable to downright hostile. Legally terminating marriage is an emotional process, and regardless of whether it starts as a mutual decision, it can end in disagreements and impasses.

Even in uncontested divorces, having an experienced family law attorney on your side can protect your interests and streamline the process. Divorces can be complex fraught with roadblocks. Working with a Marietta contested divorce attorney from our team at Hobson & Hobson can take some of the stress out of the process, allowing you to move on faster.

Grounds for Divorce in Georgia

Georgia follows the “no-fault” principle for divorce, meaning you don’t need to show evidence of marital misconduct to file for a divorce. However, your spouse must be a Georgia resident for at least six months before filing, and you must be legally separated at the time of the proceedings. The most common no-fault ground for divorce in Marietta is simply “irreconcilable differences.”

While most divorces happen on no-fault grounds, filing on the grounds of marital mistreatment can change the way the court handles the case. They will allow one partner to petition for a divorce, even if the other partner doesn’t agree. It may also impact entitlements or the outcomes of the case.

The three main grounds for divorce in Georgia include:

Cruel treatment – This refers to any willful action that affects the other spouse’s mental or physical well-being. It includes physical, emotional, or verbal abuse. Having a protective order or statements from law officers can dramatically influence the outcome of a divorce based on cruel treatment.
Desertion – These grounds include both mental and physical willful abandonment of a marriage for a year or more. While the traditional image is one partner moving out of the house, it can also mean no physical relationship or mental desertion of the marriage, with partners not interacting with each other at all.
Adultery – One of the more common grounds for divorce, adultery, is when one partner has voluntary intercourse with a partner other than their spouse.

Grounds for Divorce in Georgia

The three main grounds for divorce in Georgia include:

Cruel treatment – This refers to any willful action that affects the other spouse’s mental or physical well-being. It includes physical, emotional, or verbal abuse. Having a protective order or statements from law officers can dramatically influence the outcome of a divorce based on cruel treatment.
Desertion – These grounds include both mental and physical willful abandonment of a marriage for a year or more. While the traditional image is one partner moving out of the house, it can also mean no physical relationship or mental desertion of the marriage, with partners not interacting with each other at all.
Adultery – One of the more common grounds for divorce, adultery, is when one partner has voluntary intercourse with a partner other than their spouse.

Uncontested vs. Contested Divorce

People who begin the divorce process amicably based on mutual agreement often expect to undergo an uncontested divorce. However, in legal terms, an uncontested divorce is one where the parties have covered all divorce issues before contacting an attorney. These issues include alimony, equitable division of marital property, child support, and child custody.

The process for an uncontested divorce is fairly straightforward: the parties contact a family law office which will help them draft and prepare all the necessary documentation required by the court including but not limited to the settlement agreement and parenting plan if children are involved. Once it’s been approved by both parties, the family law attorney will prepare the final documentation, have everyone sign and notarize it, and file it with the local court.

However, if the spouses fail to agree on any aspect, the uncontested divorce becomes contested. A contested divorce doesn’t mean that the divorce is hostile or contentious, simply that both parties need to refine their agreements.

Spouses can resolve their Marietta contested divorce in many ways, from mediation to settlement conferences, and ultimately, litigation. That’s why it’s worthwhile hiring an attorney, even in a supposedly uncontested divorce as most cases aren’t truly uncontested. The sooner the parties resolve their concerns and disagreements, the smoother and less time-consuming the entire process becomes.

Unfortunately, there are cases where the separation starts off hostile and doesn’t improve as it goes on. While having a skilled mediator can help lessen the tension, there may be times when stronger measures are necessary to resolve the dispute, including taking the case to court.

At Hobson & Hobson, we believe that mutually beneficial divorces are the preferable option, but we have no hesitation about taking a case to court when necessary. Our experienced legal team will review every case individually and advise our clients on the way forward based on their needs and situation.

The Marietta Contested Divorce Process

Most divorce attorneys require a strategy session before filing for divorce. They will provide recommendations on preparatory steps, like gathering information or making financial arrangements to protect yourself during the process as well as the best steps to move your case forward.

Once a client has approved the initial pleadings, the attorney will file the divorce complaint with the Superior Court. The complaint outlines the grounds for divorce, outstanding issues, and potential relief measures. Once filed, the other party will receive the complaint and related documents and have 30 days to respond.

Once the initial filings are complete, legal representation for both sides may request information during the discovery phase. After this phase, the parties will have time to resolve any outstanding issues or take the process further to litigation, where the evidence in the discovery phase becomes increasingly relevant.

Common Issues in Contested Divorces

Regardless of the underlying reason for a Marietta contested divorce, many spouses struggle to overcome heavily contested issues. These issues are often emotional, which can lead to increased tensions and stress, making it more challenging to reach a mutually beneficial solution.

The most common issues include:

These issues can cause significant hold-ups, especially when both parties have strong opinions or feelings on the matter. Most courts in Georgia recommend the use of a mediator if the spouses can’t reach an agreement. The mediator can often guide the spouses to a mutually agreeable resolution, allowing the proceedings to continue.

However, in instances where the parties can’t agree, the court will take over. During this phase, the judge will gather all the evidence and decide on any outstanding issues.

Work With an Experienced Marietta Contested Divorce Law Firm

Our experienced team at Hobson & Hobson has helped hundreds of families through divorce proceedings, and we can do the same for you. We have handled a wide range of divorce cases, from uncontested divorce all the way to litigation.

We understand that getting a divorce can be highly emotional. Our team is compassionate and understanding, as well as determined to protect your rights. If you’re considering a divorce, regardless of how amicable, reach out to our Marietta divorce attorneys at Hobson & Hobson by calling (770) 284-6153 today!

Marietta Contested Divorce