Barrow County Contested Divorce Attorneys

Helping Clients in Jackson, Walton, Gwinnett, Oconee, Clarke, Hall, Morgan & Banks Counties

When a couple decides to end their marriage, they must go through the divorce process. In Georgia, a divorce can be either contested or uncontested. An uncontested divorce is one in which the parties agree on all the terms of the divorce, including property division, child custody, and child support. A contested divorce is one in which the parties cannot agree on one or more of these terms. Contested divorces are more complex and can take longer to resolve.

At Mitchell & Crunk, our Winder contested divorce lawyers have extensive experience handling these types of cases. We understand the challenges you are facing and are here to help you navigate the process. Our team is committed to providing you with the personalized legal solutions you need and the supportive guidance you deserve.

Call our office today at (678) 701-6252 or contact us online to schedule a consultation with one of our contested divorce attorneys in Barrow County.

What Is the Contested Divorce Process in Georgia?

When a couple cannot agree on the terms of their divorce, they must go through the contested divorce process. This process is more complex and can take longer to resolve than an uncontested divorce. However, with the help of an experienced contested divorce attorney in Winder, you can navigate the process and work toward a favorable resolution.

The contested divorce process in Georgia typically involves the following steps:

• Filing the divorce petition: The first step in the contested divorce process is for one spouse to file a divorce petition with the court. This petition must be filed in the county where the couple last lived together. The petition must state the grounds for divorce, which can be either fault-based or no-fault. In a no-fault divorce, the couple must state that the marriage is irretrievably broken. In a fault-based divorce, one spouse must prove that the other spouse is at fault for the end of the marriage. The grounds for a fault-based divorce in Georgia include adultery, desertion, mental or physical abuse, and drug or alcohol addiction.
• Serving the divorce papers: After the divorce petition is filed, the other spouse must be served with the divorce papers. This means that the papers must be delivered to the spouse in person. If the spouse cannot be located, the papers can be served by publication in a newspaper.
• Filing a response: After being served with the divorce papers, the other spouse has 30 days to file a response with the court. The response must state whether the spouse agrees or disagrees with the terms of the divorce. If the spouse disagrees with the terms, the divorce is considered contested.
• Discovery: During the discovery phase, both spouses will gather information about the other spouse’s finances and assets. This information will be used to determine how the couple’s property will be divided in the divorce.
• Negotiations: After the discovery phase is complete, the spouses will attempt to negotiate a settlement agreement. This is a written agreement that outlines the terms of the divorce, including property division, child custody, and child support. If the spouses can agree on the terms, the divorce is considered uncontested. If they cannot agree, the divorce remains contested.
• Mediation: If the spouses cannot agree on the terms of the divorce, they may be required to attend mediation. During mediation, a neutral third party will help the spouses work through their differences and reach an agreement. If the spouses can agree on the terms, the divorce is considered uncontested. If they cannot agree, the divorce remains contested.
• Divorce trial: If the spouses cannot agree on the terms of the divorce, the case will go to trial. At the trial, the judge will hear evidence from both sides and make a decision on the terms of the divorce. The judge’s decision is final and cannot be appealed.
• Finalizing the divorce: After the judge makes a decision, the divorce can be finalized. The judge will issue a final divorce decree that outlines the terms of the divorce. The divorce is not final until this decree is issued.

At Mitchell & Crunk, our Winder contested divorce attorneys can guide you through each step of the process. We will work to protect your rights and help you achieve your goals.

How to Prepare for a Contested Divorce

Going through a contested divorce can be stressful and overwhelming. However, with the help of an experienced contested divorce attorney in Winder, you can navigate the process and work toward a favorable resolution. At Mitchell & Crunk, we are here to help you every step of the way.