What Are the Differences Between Contested and Uncontested Divorce?

Uncontested divorce, by far the most affordable type of divorce, is an option for spouses who agree to divorce terms and file jointly. Contested divorces require going through a longer legal process, often with judges involved, to conclude their marriage dissolution.

The level of contention and the ability of both parties to be pragmatic will generally determine whether a divorce can be uncontested. If spouses can amicably work together and are willing to embrace an equitable split of assets, debts and parenting duties, a divorce can often be uncontested.

If spouses are particularly angry with one another, there are disagreements over the division of assets or there are child custody disputes, matters can quickly become irreconcilable. Once one or both spouses retreat to their prospective corners it will likely be necessary to go through the more arduous Georgia divorce process.

The cost of divorce representation from a family law attorney will be dictated by the previously mentioned factors. Couples that agree to all the major issues generally just need a divorce attorney for filing paperwork and finalizing their marriage dissolution.

Uncontested divorces can be extraordinarily affordable, fast and easy, but usually only if you and your spouse are in agreement about what constitutes a fair division of assets and parental responsibilities.

Although that sounds simple, there can be unforeseen disputes, even between couples that can still be civil towards one another.

For example, choosing who will be the primary caregiver for children isn’t the only potential point of contention in child custody agreements. You’ll also need to agree on visitation time, holidays, whether or not either parent can move away and how decision making will be handled on healthcare, education and religion.

Those types of decisions will be easy for some couples. Others might be able to agree on financial issues but struggle with choices regarding their parenting time or parental decision-making rights.

Couples with persistent disagreements might be able to benefit from professional mediation, which would potentially allow them to settle their differences out of court. If that’s not possible, the ultimate decision will likely be left to a judge.

Procedural Differences Between Contested Divorce and Uncontested Divorce

In an uncontested divorce, both spouses traditionally file a joint petition for divorce. A contested divorce feels more like a lawsuit where one spouse files for divorce and then serves their spouse with divorce papers.

Not every contested divorce will inevitably end with a judge’s decision on disputes, but that is one potential outcome. Even spouses involved in a contested divorce have the option to negotiate a settlement on their own.

Can I Stop My Spouse From Filing for Divorce?

Not in Georgia. All your spouse needs to do is file for divorce on the grounds that your marriage is “irretrievably broken.” Neither you nor your spouse has the ability to unilaterally put an end to divorce proceedings.

Can I Use My Spouse’s Behavior to Get a Better Outcome in a Contested Divorce?

It depends. Every divorce is unique.

There are 13 grounds for divorce in Georgia. These include a wide range of potential issues, from adultery and habitual intoxication to being imprisoned for more than two years or mental incapacity at the time of a marriage.

If you want to get a divorce on any grounds other than irretrievably broken, you will need to provide proof that your spouse’s behavior meets the criteria.

In order to use your spouse’s conduct to get a better deal on alimony, child custody or child support, you generally need to have some grounds other than the generic irretrievably broken marriage.

In a contested divorce, a judge may decide to give the wronged spouse preferential treatment in asset division if, for example, one spouse committed adultery. There may even be circumstances where the adulterer won’t be eligible to receive alimony.

Grounds of domestic violence, drug abuse, alcoholism, mental illness or conviction and imprisonment frequently result in the innocent spouse being granted sole custody of children.

Whether or not you have alternative grounds open to you depends on your specific situation and your relationship with your spouse. If you have questions, you should strongly consider speaking with a family law attorney about contested divorce proceedings.

Get Help With Your Divorce Case in Georgia

Divorce lawyer Isaac Cotto understands how difficult marriage dissolution can be on families. He strives to bring compassion and stability into an otherwise stressful situation. The Cotto Law Group can help facilitate uncontested divorce or can zealously represent your best interest in any contested divorce or family law matter.

Call (770) 817-7581 today for a divorce consultation.