Considering divorce? You may have even already scheduled a consultation with an attorney to discuss it. If so, one of the first questions you will likely be asked is whether you are seeking an uncontested or contested divorce. Understanding the difference between the two up front will help you gauge the timeline and potential costs of your case.
If you are able to work out an uncontested divorce with your spouse, it will save you both time and money. In an uncontested divorce, both parties agree up front on a clear outline for how things will be settled. This includes agreements on the divorce itself, child custody, child support, division of property or assets, division of debts, and alimony. Since all these factors are decided between the spouses outside of court, an uncontested divorce is much less expensive.
Although uncontested divorces do not require an attorney, it is still beneficial to have a lawyer involved to ensure all the details are addressed properly in the divorce agreement. An experienced divorce attorney can also offer helpful suggestions for solutions if any issues arise.
If there is any disagreement that cannot be settled between the two spouses regarding the divorce itself, child custody, child support, division of property, division of debt, and/or alimony, then a contested divorce will ensue. Disagreements could be occurring due to high emotions, adverse behavior by your spouse, financial issues, and/or other issues.
Contested divorces start with one party filing a complaint for divorce that the other party must respond to. Next, each party will gather evidence through discovery. A temporary hearing will follow, and mediation or settlement can be attempted. Finally, if a settlement is not possible, there will be a final trial or hearing where the parties will go before a judge. The judge will make a final decision based upon the evidence and circumstances.
Hiring a Divorce Attorney in Georgia
Whether your divorce is uncontested or contested, we recommend having an experienced divorce attorney on your side to help you navigate the process. The family law attorneys at Hall & Navarro have over 75 years of combined experience with a variety of divorce situations. Divorce is not a fun process, but we are here to help you achieve your desired outcomes as quickly and efficiently as possible. Contact us to get started.