770-609-1247 | Georgia Contested Divorce Attorneys
Coleman Legal Group, LLC
Call 770-609-1247 now to speak with one of our experienced Georgia contested divorce lawyers and attorneys.
When a married couple cannot agree on the terms for a divorce agreement, the only way a divorce can be obtained is for one of the parties to file a contested divorce case in Superior Court. The case should generally be filed in the county that the defendant (the person being sued for divorce) resides. However, there are exceptions to this general rule that our Georgia divorce attorney’s can explain to a potential client.
When a contested divorce is filed, the parties are in disagreement on one or more aspects of the divorce. For example, the parties may disagree on any combination of the following:
• the division of assets / property
• the division of debts
• spousal support / alimony
• child support
• child custody / visitation
• how to divide the attorney’s fees
• whether or not there should be a divorce
When the parties disagree any one aspect of the divorce agreement the filing of an uncontested divorce case is not an option.
If a Contested Divorce Becomes Necessary
If you decide that the filing of a contested divorce is your only option, you will need to file a case in the Superior Court located in the county that your spouse resides. This can be problematic if your spouse now resides in a faraway city or in another state. However, if you and your spouse still live in the same county or close to each other, this should pose no problem. There are exceptions to this general rule – and one of our Georgia divorce attorneys can explain in a consultation.
If your case is filed in Georgia, you will be required in your pleadings (the papers filed with the court) to give a legally accepted reason for the divorce. In a contested divorce, you will need to give a reason other than just “irreconcilable differences”. While you can list in your petition for divorce “irreconcilable differences” as one of the reasons for the divorce – you cannot list it as the only reason.
In a contested divorce, you will also need to include one or more of the following recognized reasons recognized under Georgia law:
• Adultery by either of the parties after marriage
• Willful and continued desertion by either of the parties for the term of one (1) year
• The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two (2) years or longer
• Habitual intoxication
• Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health
• Intermarriage by persons within the prohibited degrees of consanguinity or affinity
• Mental incapacity at the time of the marriage
• Impotency at the time of marriage
• Force, menace, duress, or fraud in obtaining the marriage
• Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband
• Incurable mental illness
• Habitual drug addiction, which shall consist of addiction to any controlled substance as defined in Article 2 of Chapter 13 of Title 16 of the Georgia code
• The marriage is irretrievably broken
See O.C.G.A. 19-5-2, O.C.G.A. 19-5-3 and O.C.G.A. 19-5-4 for additional information.
I Have Been Served With a Divorce. What Should I Do Now?
If you have been served with a contested divorce, you have thirty (30) days from the date you are served to respond to the divorce. This is an important thing to do, which will help protect your rights as the case progresses. The time to respond to a divorce can be extended an additional fifteen (15) days if the proper court rules are followed. However, it is imperative to talk with an attorney as soon as possible after being served with a divorce so that you are not forced into making important decision without time to reflect. In addition, it can be very difficult to find an experienced attorney willing to accept a divorce case at the last minute for a reasonable fee.
Can I Settle My Contested Divorce Case Without a Trial?
Yes, most contested divorce cases are settled before going to trial. Fortunately, the divorce process encourages parties to settle and gives ample time and opportunity for the parties to reach an agreement. Many courts even mandate mediation for the parties before the case can even go to trial.
The majority of couples settle their contested divorce cases before going to trial. The often overlooked benefit to both parties is that in a settlement, both parties significant input into the final terms of the divorce agreement. However, in a trial – the judge will have the final say as to all aspects of the divorce. Out divorce attorneys at Coleman Legal Group, LLC will work hard to help you settle your contested divorce. We can help in all aspect of negotiating and mediating the terms that are important to you.
But when contested divorce cannot be settled by the parties, it will have to go to trial to finally be resolved. And should it become necessary for your case to go to trial – we will defend your position vigorously and professionally to obtain the best result possible.
Call 770-609-1247 now to speak with one of our dedicated and caring divorce and family law attorneys. If you are facing a divorce or family law issue, our attorneys and staff are experienced and ready to help you now.
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Main Office, Alpharetta, Georgia: 5755 North Point Parkway, Suite 52, Alpharetta, GA 30022
Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.
Our Georgia attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:
| Alpharetta Georgia North Point Park 5755 North Point Parkway Suite 52 Alpharetta, GA 30022 Phone: 770-408-0477 | Map |
Atlanta Georgia |
| Dunwoody Sandy Springs 1200 Abernathy Road Building 600 Northpark Town Center Atlanta, GA 30328 Phone: 770-408-0477 | Map |
Cumming Georgia |
| Johns Creek Duluth Georgia 11555 Medlock Bridge Rd Suite 100 Johns Creek, GA 30097 Phone: 770-609-1247 | Map |
Duluth Georgia |
| Kennesaw Georgia TownPark Center 125 TownPark Drive Suite 300 Kennesaw, GA 30144 Phone: 770-609-1247 | Map |
Lawrenceville |
Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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Danny Coleman, MBA, Attorney
Susan Martin, PE, MBA, Attorney
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