Contested or Uncontested?
OVERVIEW OF OPTIONS TO END A MARRIAGE
No one goes into marriage thinking it will end in divorce. You get married and you picture a happily ever after. You realize you and your spouse will have problems, but you think you’ll overcome them together. However, sometimes those problems amount to more than you can bear.
While our marriages and divorces have been on different grounds, we go through many of the same things, including the legal decisions about what to do with property, debt and most of all, children. This guidebook is designed to give a very general overview of the divorce process so you can make informed decisions.
OPTIONS FOR ENDING MARRIAGE
Divorce is the legal termination of a marriage and all rights and responsibilities associated with it. Divorce can be either contested or uncontested.
Uncontested Divorce: Georgia uncontested divorces contemplate that both parties are in agreement about the divorce, including the division of property and assets, child custody and visitation, child support and where and when the divorce will be filed.
- The couple agrees on all the terms of the divorce.
- The court WILL NOT have to make decisions on how marital property, assets, etc. is to be divided.
Contested Divorce: A divorce is considered "Contested" if the parties do not agree on the divorce, how property and assets are to be divided, custody or visitation of any minor children of the parties etc. Even if the parties agree that the marriage is over, Georgia courts consider the divorce contested if the parties don't agree on the terms of the divorce.
- The couple does not agree on the terms of the divorce.
- The court WILL need to hear from both parties and make decisions and division of property based on Georgia law.
Whether you both agree on the terms of the divorce or have many items up in the air. it's generally wise to consult with an attorney when entering a divorce. Georgia laws, as well as individual circumstances, differ greatly. Talking to an attorney familiar with Georgia law can save money time and effort. Where children are involved, it's important to work with someone experienced with the complicated issues regarding custody, visitation, and the payment of child support. Georgia has specific guidelines that have to be followed. It is NOT up to the couple to decide on their own.)
Divorce can be a difficult and emotional journey. The right attorney can help make the process easier to understand and less frustrating. Research divorce professionals in the area and find someone compatible who meets your needs.