Understanding the Impact of Contested Versus Uncontested Divorces in Georgia
When speaking with a lawyer about an intended divorce, the first question that he or she may ask is whether it is uncontested or contested. This can mean the difference between a relatively simple parting of ways or a complex process of court-mandated terms.
In an uncontested divorce, both spouses agree on all aspects of the divorce agreement. There are no controversies or disputes. The spouses and their respective lawyers move through the negotiations without requiring decisions to be made by the courts.
Generally speaking, an uncontested divorce is less complicated and proceeds through the legal system faster than one that is contested. The attorney for one of the parties will draft a settlement agreement reflecting the terms that were discussed, both parties will review it, and ideally, minimal changes will be made. The settlement is then signed by both parties and filed with the court.
In a contested divorce, the parties cannot agree on whether to get a divorce, the terms of the divorce, or both. In this situation, the disagreement is often regarding the four major terms of a divorce: equitable division of assets and liabilities, alimony, child support, or child custody. Contested divorce cases are often substantially more time consuming, expensive, and stressful for both parties.
Often times, the attorneys for each spouse will work together to attempt to negotiate a settlement agreement without litigation. However, in many cases, agreements are unable to be reached, and the case proceeds to trial. In this situation, the contested divorce is typically heard and decided by a judge, but either party may demand a jury trial.
Legal Representation During a Divorce
Regardless of the circumstances, there is no doubt that divorce is one of the most stressful experiences a person may encounter in his or her life. It can often impact nearly every aspect of an individual’s current and future life. Therefore, it is essential to receive expert guidance by divorce attorneys who are looking after your best interest.
Patrick McDonough and Trinity Hundredmark at Andersen, Tate & Carr, P.C. have combined experience of more than 30 years representing clients during both contested and uncontested divorces. Their approach is to get an amicable resolution through negotiations and often mediation for their client. This saves, time, money and undue stress. However, if the opposing side is unreasonable or threatens to jeopardize custody or time with your or attempts to exploit your financial rights ATC’s team has the experience and tenacity to take the case to court.
For more information or to request a case evaluation, call our law office at (770) 822-0900. We have been very successful at reaching the best possible outcome for our clients, and our attorneys are here to help you through this difficult and stressful time.