Family Law Insights

Uncontested Divorce vs Contested Divorce in Georgia

Posted on: August 12th, 2013

The Differences Between Contested Divorce and Uncontested Divorce

The first step to filing for a divorce in any state is determining whether you plan on getting a contested or uncontested divorce.  If you are not familiar with divorce laws (most people are not if they do not have previous experience), you may not be familiar with the difference between the two.  However, the two types of divorce are extremely different, so it is important to know the difference between the two and which type is best suited for you.

Uncontested Divorce:

When couples seeking divorce are able to meet eye to eye in regards to settlements, alimony, child support and so forth, an uncontested divorce is appropriate.  Uncontested divorces are generally faster, cheaper and less messy.  In an ideal world, all divorces would be uncontested.  However, most couples seeking divorce don’t often see eye to eye when it comes to dividing assets and other possessions fairly.  Usually, a lawyer involved in an uncontested divorce is mainly responsible for drafting up a settlement agreement between both parties.

Contested Divorce:

Getting a contested divorce in Georgia is very different from an uncontested divorce. Couples who are not able to come up with an agreement in terms of settlements, child custody, amount of alimony and so forth should consider getting a contested divorce.  Filling for a contested divorces calls for the skill set, the familiarity with divorce law and the expertise of a divorce lawyer.
contested divorce in georgiaThe best law attorneys have noted that couples who aren’t on speaking terms, couples where one spouse cheated on the other, or couples who absolutely cannot see eye to eye usually opt for a contested divorce.  Contested divorces are generally longer than uncontested divorces.  The speed of the divorce is dependent on how quick both parties can come up with an agreed settlement.

Determining Which Type of Divorce is Right for You:

It may be hard to decide what type of divorce is right for you in the beginning stages of your divorce.  Sometimes, it is difficult to determine whether a divorce is uncontested or contested in the beginning and what may seem to be an uncontested divorce can ultimately turn out to be contested in the end. The key question is whether you perceive that you and your spouse can work things out over the course of a divorce, but whether you have already done so. Hopefully this blog gives you a little better idea of what an attorney is really asking when he/she asks if your divorce is contested or uncontested.

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John DiNatale joined Kitchens New Cleghorn, LLC as Of Counsel in January 2018. His practice focuses on family law with expertise in divorce, child support, child custody, modifications, contempt, and prenup…
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