Canton Divorce Attorney
The Difference Between Contested and Uncontested Divorce?
The divorce process can be complicated, and you might wonder what to expect. It all comes to whether it’s a contested or uncontested divorce. These two types of divorce differ in several ways, including the process’s length and cost. This article compares contested and uncontested divorce.
The Difference Between Contested and Uncontested Divorce
A contested divorce is one in which the married parties fail to agree on all aspects of the divorce. As a result, the divorce goes to trial, where a judge rules on all the contested issues. These may include:
- Child support
- Child custody and visitation
- Division of the community-owned or jointly owned property
- Use of the family home
- Spousal support, also known as alimony
In an uncontested divorce, both parties agree on every aspect of the divorce process. The parties typically negotiate and decide on the above mentioned issues before the divorce.
Our divorce attorneys are knowledgeable in all areas of divorce and custody law, and we’re always happy to answer any questions you may have. In the meantime, here is a complete overview of the divorce process from start to finish.
Divorce is a complex process for everyone, and even more so when one of the parties decides to contest the divorce which is typically very common. If you are preparing to file or are in the divorce process and your spouse chooses to contest, the experienced divorce attorneys of Hobson & Hobson are ready to help you.
Our deep knowledge of Georgia law and history working with divorcing couples equips us to handle your case vigorously and thoroughly, fighting for your rights until your divorce is granted. If you face a Canton contested divorce case, read on to learn more about Georgia divorce proceedings, contested divorces, and how we can help you.
Filing for Divorce in Canton, GA
If you decide to file for divorce, you should first consult with a divorce attorney. Experienced divorce attorneys from Hobson & Hobson understand the complexities of filing for divorce, from gathering the information and evidence needed to make your case and reach an agreement.
Every divorce is different, but the basic process is the same. Once you consult with an attorney, all the paperwork and information you need to file the complaint is gathered and organized in preparation for filing. When ready, your divorce attorney will file the paperwork on your behalf with the Superior Court. Remember that divorce filings are public records, so any information contained in the filing, including the grounds for divorce, personal issues within the marriage, and petitions for relief, are accessible by the public.
After the party files the divorce papers, the phase of the divorce process known as “discovery” will commence. During this time, attorneys on both sides request documents and other information pertaining to particulars of the divorce case. Your Canton divorce attorney can assist you in deciding what information and evidence you need to resolve your divorce case successfully. The court will serve your spouse with a divorce complaint and any other important documents connected with the filing. Once they have been served, they must answer the complaint within 30 days if they wish to contest it in some way. Otherwise, once 30 days have elapsed, the divorce hearing will proceed.
Filing for Divorce in Canton, GA
If you decide to file for divorce, you should first consult with a divorce attorney. Experienced divorce attorneys from Hobson & Hobson understand the complexities of filing for divorce, from gathering the information and evidence needed to make your case and reach an agreement.
Every divorce is different, but the basic process is the same. Once you consult with an attorney, all the paperwork and information you need to file the complaint is gathered and organized in preparation for filing. When ready, your divorce attorney will file the paperwork on your behalf with the Superior Court. Remember that divorce filings are public records, so any information contained in the filing, including the grounds for divorce, personal issues within the marriage, and petitions for relief, are accessible by the public.
After the party files the divorce papers, the phase of the divorce process known as “discovery” will commence. During this time, attorneys on both sides request documents and other information pertaining to particulars of the divorce case. Your Canton divorce attorney can assist you in deciding what information and evidence you need to resolve your divorce case successfully. The court will serve your spouse with a divorce complaint and any other important documents connected with the filing. Once they have been served, they must answer the complaint within 30 days if they wish to contest it in some way. Otherwise, once 30 days have elapsed, the divorce hearing will proceed.
No-Fault or Fault?
A no-fault divorce means that there is no evidence of any misconduct or mistreatment within the marriage that necessitates the divorce. To file for divorce in Canton, GA, you need to prove residency within the state of a minimum of six months immediately before the filing. You also need to prove that you and your spouse live separately and will remain separate permanently.
The most common reason for a no-fault divorce is irreconcilable differences. This phrase provides a reason for the divorce without being specific about any issue. Essentially, you or your spouse do not want to be married anymore. Even if one spouse wants to remain married, the no-fault divorce will move forward once both parties fulfill all the filing requirements.
Generally, if neither party chooses to contest the divorce and all paperwork has been filed and served, the divorce is considered final after 31 days.
A “fault” divorce means that one spouse can present and prove legitimate reasons for the divorce. Legitimate reasons for divorce may include:
- Cruelty
- Desertion
- Adultery
Uncontested Divorce Versus Contested Divorce Process
The process of an uncontested divorce is more straightforward than that of a contested divorce. The steps are as follows.
- Draft Documents. The petitioner or plaintiff (i.e., the person who initiates the divorce process) has their attorney draft the divorce proceedings by filing the required legal documents.
- Review Documents. The respondent or defendant (i.e., the person against whom the divorce is filed) reviews the documents with the help of their attorney and requests clarifications and modifications.
- Execute and File Documents. After making necessary changes to the documents, the parties sign the documents before a notary public and file them with the relevant court.
- Judge Finalizes the Divorce. A judge reviews the documents and signs a decree that finalizes the divorce.
The proceedings of a contested divorce are often lengthy, expensive and stressful. The process is as follows.
- File Divorce Documents. The plaintiff has their attorney file the divorce with the appropriate court.
- Serve the Defendant. The plaintiff serves the defendant with the divorce petition.
- File an Answer. The time window the defendant gets to file an answer to the petition varies with the state and the jurisdiction.
- Set the Matter for Hearing. The defendant files an answer to contest the plaintiff’s pleadings, and the divorce court sets the case for a hearing.
- Set the Case for Trial. The court sets the contested issue for trial and specifies any pretrial dates and deadlines for both parties to complete interrogatories, depositions, requests for production of documents, etc.
- Go Through Trial. One or more trials occur to address the contested issues, including the division of assets, child support, child custody, etc.
Note that the proceedings of the first and subsequent hearing vary depending on the state. During the hearing, the hearing officer or judge rules on pertinent issues that require addressing while the divorce is pending. These include:
- Temporary custody
- Temporary spousal support
- Responsibility for monthly bills
- Sharing assets, such as bank accounts, vehicles, family homes, etc.
In many cases, the parties agree on a settlement along the way, eliminating the need for some of the steps listed above. Additionally, the court often grants the divorce decree along the way at a hearing that is separate from the ones that address the contested issues.
If it’s not already, an uncontested divorce is preferable for several reasons. The divorce process is much shorter, less stressful and less complicated than a contested divorce. It also costs much less in court costs and attorney fees than a contested divorce.
Most importantly, the parties control the outcome as only they make the decisions on important matters such as division of assets, child custody/support, spousal support and more. So, they’re likely to maintain an amicable relationship following the divorce.
Uncontested Divorce Versus Contested Divorce Costs
The cost of divorce varies widely depending on the jurisdiction and state. It includes several litigation expenses, most notably attorney fees and court fees. The most significant factor determining a divorce’s cost is whether it is contested or uncontested. Uncontested divorces cost much less than contested ones because the parties have already agreed on the pertinent issues.
Court expenses vary depending on the court and the state. However, if the parties choose to litigate all the aspects of the divorce, they’ll have to file multiple proceedings leading up to the trial. With each legal document they file, the court costs increase.
Canton Contested Divorce Issues
A contested divorce is one in which you or your spouse objects to some part of the divorce terms and refuses to consent to the divorce. Contested divorces frequently involve issues around the division of marital property and assets, spousal support, child support, or child custody and visitation issues. Any issues that you and your spouse cannot agree on are classified as contested divorce issues.
Types of Contested Divorce Issues
Some of the most common issues encountered during a divorce that may result in contestation include:
- Alimony
- Child support and expenses
- Child custody and visitation
- Division of marital property and assets
- Tax issues related to the divorce
- Pre-marital property and assets
- Custody and expenses related to pets
At Hobson & Hobson, we understand the ins and outs of Georgia divorce law and can aptly assist you in navigating the process of resolving a Canton contested divorce. Often, we use mediation to work through complex issues and come to a resolution that satisfies you and your spouse. In mediation, your Canton divorce attorney, along with your spouse’s divorce attorney, will work with a mediator qualified to help resolve the problematic issues and reach an agreement.
If, after going through mediation, you and your spouse cannot resolve the issues, the judge overseeing your divorce proceedings will take responsibility for the decisions. Using all the information contained in the filing and any extra testimony and evidence yielded during mediation, the judge will legally settle the disagreements to conclude the divorce proceedings.
Contact Hobson & Hobson Today to Talk to
Experienced Divorce Lawyers in Canton, Georgia
No one wants to go through a contested divorce, but when it does happen, you want a divorce attorney on your side who understands the divorce law and can make the process as smooth and stress-free as possible. At the law firm of Hobson & Hobson, we take pride in our ability to serve our clients through the entire divorce process.
Whether you are going through a Canton contested divorce, an uncontested no-fault divorce, or you have questions about the process and particulars as you file, we are ready to assist you in every way possible. Our attorneys are experienced in the essentials of divorce court proceedings, but we also understand that keeping the divorce out of court saves you and your family stress and money.
Focusing on litigation and mediation, we at the Hobson Law Firm strive to make the whole divorce process and its aftermath as easy on you as we can. We make ourselves available to our clients whenever they have questions or concerns.
If you are preparing to file for divorce and need a qualified, experienced divorce attorney in Canton, GA, call Hobson & Hobson today at (770) 343-5127. You can also visit us online to find more information relevant to your unique situation and reach out to us via our online contact form.
Hire a Competent Divorce Attorney To Protect Your Rights and Interests
A contested divorce is often one of the most challenging experiences a person goes through in their life. It results from animosity between the couple when they choose to end their marriage.
The animosity makes it difficult for them to agree on essential aspects of the divorce, such as the division of assets, child custody, child support, spousal support, etc. Emotions run high, making it hard to think clearly and be fair. In these cases, both parties need a competent divorce attorney to safeguard their rights and interests.
On the other hand, a marriage may end amicably. The parties may agree on all the essential issues and choose to have an uncontested divorce. They have complete control of the process in this case, making it less stressful and costly. Nonetheless, both parties must have experienced attorneys to protect their rights and interests.
When looking for a divorce attorney, you want to hire one with extensive experience handling cases like yours. In the case of uncontested divorces, find a lawyer that has a strong history of getting favorable outcomes for clients undergoing such cases. You can find out what cases they handle and other crucial information during the consultation.
You should also find a divorce attorney with whom you can speak freely and comfortably about the details of your divorce, many of which can be personal. Lastly, consider the attorney’s philosophy about divorce and whether they offer other related services, such as mediation.
With over 30 years of experience in divorce cases, our Canton divorce lawyers at Hobson & Hobson are here to help you make the best legal decisions during the divorce process. If you’re facing divorce, call us now on (770) 284-6153.
