Table of Contents
What is Contested Divorce
Common Grounds for a
Contested Divorce
Legal Process of Contested Divorce
Impact of Contested Divorce on Children and Asset Division
Impact on Children
Division of Assets and Debts
Challenges of Contested Divorces
How FBA Law Can Assist in Contested Divorces
What is contested divorce?
A contested divorce is a legal process where the divorcing spouses cannot come to a divorce settlement agreement. This disagreement often centers around issues like child custody, the division of marital assets and debts, child support, alimony, or even the grounds for the divorce itself. In such cases, the court becomes involved in deciding these matters.
In a contested divorce, both parties often have their respective attorneys to represent their interests. The process typically starts with negotiations, often with the help of attorneys, to try to reach a mutually satisfactory settlement that meets the legal requirements of the law. If a settlement can’t be reached, and all of the courts pretrial requirements, such as mediation, have been completed, the case then proceeds to trial. During the trial, each party presents their arguments and evidence before a judge, who ultimately decides the terms of the divorce. This judgment includes decisions on custody arrangements, property, and asset division, as well as spousal and child support.
The financial and emotional costs of a contested divorce can be significantly higher than those of an uncontested divorce. This is due to the extended legal process, which can include hiring attorneys, financial advisors, child custody evaluators, and potentially engaging in a trial.
Common Grounds for a Contested Divorce
The common grounds for a divorce vary depending on jurisdiction, but they generally include several key issues that can be significant enough to warrant a legal dispute between spouses. These grounds are the legal reasons presented to the court for seeking a divorce, and they typically include:
- Adultery : This involves a spouse having an extramarital affair. It’s often cited as a ground for divorce and can be a significant point of contention in the divorce process.
- Abandonment : This occurs when one spouse leaves the marital home for an extended period without any intention of returning, typically for at least a year, without a valid reason.
- Incarceration : If a spouse is convicted of a crime of moral turpitude (i.e., murder, kidnapping, drug trafficking, etc.) and incarcerated for a period of more than two years, it can be used as a basis for filing for divorce.
- Mental Illness : Certain incurable mental illnesses, present for a specified length of time, can be grounds for divorce. The specifics can vary based on jurisdiction.
- Substance Abuse : Addiction to alcohol or drugs, especially if it began after marriage or has continued for a significant period, can be cited in fault-based divorces.
- Cruelty : This includes physical, mental, or emotional abuse by one partner against the other, ranging from threats and humiliation to neglect and abandonment or crimes of domestic violence.
- Desertion : This involves one partner leaving the marital home for at least two years without any intention to return or remain in the marriage.
These grounds for divorce highlight the complexities and varied nature of issues that can lead to a contested divorce. Each case is unique, and the specific grounds cited will depend on the individual circumstances of the marriage and the laws of the jurisdiction where the divorce is filed.
Legal Process of Contested Divorce
The legal process of a contested divorce varies from state to state. In Georgia, there are several steps involved from the initial filing to the final court judgment. Here’s an overview:
- Filing for Divorce : The process starts with one spouse filing a complaint for divorce in the Superior Court of their county or their spouse’s county if they have been a resident for at least six months.
- Serving Papers : The other spouse must be served with the divorce complaint, either through executing an acknowledgment form or via a sheriff or private process server.
- Response Period : The served spouse has 30 days to respond to the divorce petition from the date they are served.
- Discovery Phase : Both parties exchange relevant information and documents, crucial for issues like property division and child support.
- Mediation and Negotiation : Before going to trial, the Court requires the parties to attend mediation to attempt to resolve all issues without the need for a full trial. Mediation involves a neutral third party who assists the parties and their counsels in reaching the agreement. If no agreement is reached at mediation, continued negotiations may happen prior to trial.
- Trial : If mediation fails, the case goes to trial, where a judge decides on unresolved matters.
- Final Decree : After the trial, the court issues a final divorce decree, outlining the divorce terms.
- Post-Trial Actions : Parties can file for modifications or enforcement of the decree if circumstances change or if compliance issues arise.
The duration and cost of a contested divorce in Georgia can vary widely, typically taking six months to over a year, with costs ranging significantly depending on the case complexity and the cooperation level of all parties and counsels involved.
Impact of Contested Divorce on Children and Asset Division
In a contested divorce the impact on children and the division of assets and debts can be significant and complex.
Impact on Children
- Emotional Stress : The adversarial nature of contested divorces can be emotionally taxing for everyone involved, including children. The process can exacerbate conflict, leading to high levels of stress and emotional strain. Children may feel unstable or pulled between their loyalty to both parents during this time. It is not uncommon for children to be emotional or act-out during this stressful time while they search for their own security.
- Parental Alienation : In some cases, one parent may engage in behaviors that attempt to alienate the child from the other parent, negatively affecting the child’s emotional well-being and the parent-child relationship.
- Noncompliance with Court Orders : Issues can arise when a parent refuses to comply with court-ordered custody and visitation arrangements, leading to conflicts and potential legal actions to enforce these orders.
Division of Assets and Debts
- Valuing Property: Valuing assets like real estate, art, jewelry, and collectibles involves considering factors like market value, condition, rarity, and provenance. Consulting experts like appraisers and financial advisors can be essential in this process.
- Marital vs. Separate Assets and Debts: Distinguishing between marital and separate assets and debts is crucial for equitable allocation. Pre-nuptial agreements and legal advice can help navigate complex financial situations.
- Joint Loans and Shared Financial Obligations: Handling joint loans and shared obligations, such as a mortgage, requires a plan to manage them post-divorce. Refinancing or transferring loans into individual names might be necessary.
- Credit Card Debts and Loans: Addressing credit card debts involves determining the responsible party for each debt and developing a repayment plan that considers both parties’ financial capabilities.
Challenges of Contested Divorces
Contested divorces can involve lengthy legal proceedings, significant emotional and financial strains, and uncertainty about outcomes. Legal complexity, evidence gathering, and the public nature of court proceedings add to the challenges.
Child support enforcement becomes necessary due to the potential negative consequences associated with non-compliance. When noncustodial parents fail to meet their child support obligations on a regular basis, it can create financial strain for custodial parents, leading to an insufficient funding of essential needs for the child.
It’s crucial to navigate these aspects of a contested divorce with legal counsel’s help to ensure a fair outcome and to mitigate the emotional impact on all involved, especially children. The complexities of asset division, particularly in cases of long marriages or significant disparities in income, underline the importance of expert guidance and careful planning.
How FBA Law Can Assist in Contested Divorces
In contested divorces, where complexities and emotional challenges are at the forefront, FBA Law stands as a beacon of guidance and support. Our experienced attorneys adeptly navigate the intricate legalities of contested divorces, offering expert representation in both court proceedings and the division of property. Recognizing the profound impact these proceedings can have on children, FBA Law prioritizes their well-being, striving for fair custody and support arrangements that reflect the best interests of the children involved.
FBA Law’s proficiency extends to the equitable division of marital assets and debts, ensuring a fair distribution that accounts for the financial future of our clients. This includes handling everything from real estate to complex financial portfolios. In matters of spousal support, FBA Law provides strategic counsel, considering various factors such as income disparity, standard of living during the marriage, and the duration of the union.
