logo logo

770-609-1247 | Georgia Contested Divorce Attorneys

Georgia Contested Divorce Attorneys
Consultation_GraphicColeman 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.

Offices | Articles | Attorneys | Contact

Call 770-609-1247 or use the Email Submission Form Below

Weekend and Evening Appointments and Consultations Available.

Your Name (required)

Your Email (required)

Your Telephone Number

Your Zip Code (required)

Your Message (required)

captcha

Input the code above.

I have read the Disclaimer

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
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-408-0477 | Map

Dunwoody
Sandy Springs

1200 Abernathy Road
Building 600
Northpark Town Center
Atlanta, GA 30328
Phone: 770-408-0477 | Map

Cumming Georgia
The Avenue Forsyth

410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map

Johns Creek
Duluth Georgia

11555 Medlock Bridge Rd
Suite 100
Johns Creek, GA 30097
Phone: 770-609-1247 | Map

Duluth Georgia
Sugarloaf

2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-609-1247 | Map

Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map

Lawrenceville
Huntcrest
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC5755 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.

Privacy Policy | Site Map

 

Divorce and Eligibility for Social Security Benefits

Posted by on Apr 20, 2017 in Divorce | 0 comments

Divorce and Eligibility for Social Security Benefits

If you are in the process of obtaining a divorce, then you may be wondering if you will be eligible to receive Social Security benefits. Even though women today are sole breadwinners for the family, women generally are seen to earn less income than men. Due to the economic disparities between husband and wife, husbands often receive higher social security benefits than wives do. But how does this play out in an event of divorce? Does Social Security Benefits count as a marital asset? You may be asking all these questions to yourself....

read more

Prenuptial Agreements: Making Divorce Easier

Posted by on Aug 31, 2016 in Divorce | 0 comments

Prenuptial Agreements: Making Divorce Easier

Most people that have been through a difficult divorce will recommend a prenuptial agreement (also referred to as a premarital agreement). No one gets married planning for it to end in divorce; but sometimes even the happiest marriages in the beginning do not always last. Getting married, but concerned about your future after the marriage? Uncertainty about divorce, alimony, assets and debts can be avoided by having a Prenuptial Agreement is in place before the marriage. What Is a Prenuptial Agreement? A Prenuptial Agreement is a contractual...

read more

How Will My Divorce Be Affected By My Spouse’s Bankruptcy?

Posted by on Jan 7, 2016 in Bankruptcy, Divorce, Family Law | 0 comments

How Will My Divorce Be Affected By My Spouse’s Bankruptcy?

How Will My Spouse’s Bankruptcy Affect My Divorce? If your spouse files for bankruptcy in the middle of your divorce case, then your divorce case is usually “stayed” or temporarily stopped by the bankruptcy court. The bankruptcy court does this because the assets and joint marital property then become part of the bankruptcy proceeding. This means that once a bankruptcy is filed it will temporarily prevent the property from being divided during the divorce. Therefore the bankruptcy will stop all collection activities and the disposition...

read more

Advice for Father’s in Divorce

Posted by on Oct 27, 2015 in Divorce | 0 comments

Advice for Father’s in Divorce

Fathers going through divorce frequently report to us that the process is much more stressful and complicated than they first anticipated.  This is due the the court’s stritct requirements that a detailed parenting plan and child support worksheet and addendum be filed with the court, with a supporting domestic relations financial affidavit.  Once you add this to mixture of emotions and trying to the best father possible, things can get really hard for when you are also working many hours to support your family.  However, there are ways...

read more

Is Separation Right For You?

Posted by on Sep 29, 2015 in Divorce, Family Law | 0 comments

Is Separation Right For You?

We frequently talk to clients about whether they should file for a legal separation (separate maintenance) or a divorce.  The answer usually is in both the emotions and facts of the case. For example, emotionally the parties feel their may be a chance of reconciliation, a separation may be the best course of action.  And from a practical standpoint, a separation is good if both of the parties are on one of the spouse’s employer sponsored health insurance plans and they want to continue the coverage.  Below is a discussion of other...

read more

Pets and Divorce in Georgia

Posted by on Aug 28, 2015 in Divorce | 0 comments

Pets and Divorce in Georgia

Divorce can be a hugely stressful time, and sometimes pets can be a large source of added tension. While Georgia courts usually view your pets as property subject to equitable distribution, we understand that to many people, pets are a valuable member of your family. Pets are often treated like children and your kids may have formed significant attachments to them. No matter the case, you will certainly want what’s best for your pets in the event of a divorce. Over 63 percent of American households own pets and over half of marriages end in...

read more

What is a Standing Order in a Divorce Case?

Posted by on Aug 27, 2015 in Divorce, Family Law | 0 comments

What is a Standing Order in a Divorce Case?

When the process of a divorce is started, the court will generally issue certain orders that are to be obeyed while the divorce is happening, they are known as automatic domestic standing orders.  In Georgia, the standing order is put in place to protect both of the divorcing spouses from misconduct.  A violation of any of the standing orders can result in some jail time due to being in contempt of the court.  The standing orders vary from county to county, for example, in Fulton county the divorcing spouses are restricted from: Removing...

read more

Georgia Same-Sex Divorce Issues

Posted by on Jul 24, 2015 in Divorce | 0 comments

Georgia Same-Sex Divorce Issues

With the recent decision by the Supreme Court legalizing marriage between same-sex couples in Georgia and throughout the county, there will most likely same-sex divorces in Georgia the near future.  Divorces between same sex couples were not highly common.  One of the reasons being because not many state recognized their marriage in the first place, meaning that unless they were in the state they were married in and even then that state might have residency requirements and other requirements.  So unless the couple was willing to meet all the...

read more

Divorce Advice for Spouses of Professionals and Business Owners

Posted by on Jun 16, 2015 in Divorce | 0 comments

Divorce Advice for Spouses of Professionals and Business Owners

Valuation of the Business An important step in any divorce situation involving a practice or business that has significant value is to have it valuated by a business professional. In most cases the spouse with the practice / business will attempt to devaluate the businesses assets, clients, cash flow, goodwill, and potential for economic growth. It is important that you not settle for the estimated amounts provided by the other spouse and to insist an evaluation be performed on the business to determine an accurate reflection of the...

read more

What is a Motion to Dismiss?

Posted by on Jun 16, 2015 in Bankruptcy, Business, Divorce, Estates | Wills | Trusts | Probate, Family Law, Immigration, Sports & Entertainment | 0 comments

What is a Motion to Dismiss?

What is a Motion to Dismiss? A motion to dismiss is a form of legal pleading in response to the filing of a court case in which the defendant request that the court throw the case out of court. A plaintiff may also file a motion to dismiss a case if a settlement is reached or if it is recommended by counsel that the case be closed. If the defendant files the motion to dismiss it is generally assumed that the defendant denies any claims brought forth by the plaintiff. A Motion to Dismiss can be filed in almost any type of litigation or case...

read more
bottom