Put Your Mind At Ease
During life’s toughest transitions, we’re here for you.
  1. Home
  2.  — 
  3. Divorce
  4.  — How to avoid a contested divorce

How to avoid a contested divorce

On Behalf of | Sep 22, 2022 | Divorce |

Going through a divorce can be one of the most difficult experiences you will ever have. Furthermore, contested divorces can be nasty, drawn-out affairs that can cost both parties a lot of money and stress. 

On the other hand, an uncontested divorce is more desirable when dissolving a marriage.

Getting divorced in Georgia

There are three types of divorce in Georgia:

  1. A contested divorce, which is what happens when the spouses cannot agree on one or more issues, such as child custody, child support, alimony, or division of property. 
  2. An uncontested divorce, which is where the parties agree on all issues and just need the court to approve the agreement
  3. A default divorce, where one spouse refuses to respond to the other’s petition or cannot be located

To get a divorce in Georgia, one spouse must first file a petition with the court, citing one of 13 grounds for divorce. The other spouse will then have the opportunity to respond to the petition. If the court finds that a couple cannot agree on all of the issues, it will schedule a hearing. At the hearing, both spouses will have an opportunity to present evidence and make arguments.

However, there are some benefits if you and your spouse can agree to an uncontested divorce:

  • It allows both parties to have a say in the outcome of the divorce, which can be particularly helpful if you want a customized solution to your custody needs and other issues.
  • Both parties also have an opportunity to present their side and negotiate a settlement that is fair. That increases the likelihood that both parties will also comply in the future with the agreements they made.
  • Additionally, an uncontested divorce can help to protect assets since there won’t be the considerable expense that occurs with a lengthy court battle. 
  • It can help to provide closure for both parties since they have to try to work together long enough to settle their marital estate.

By working through the process together, both parties can better understand what went wrong in the marriage and why the divorce is necessary.