Going through a divorce can be a stressful and emotional experience. One of the first decisions you’ll need to make is whether to pursue a contested or uncontested divorce. Each type of divorce has its own advantages and disadvantages, so it’s important to understand the differences and which one is right for you. In this article, we’ll explain the basics of contested vs. uncontested divorce in Georgia.
What is a Contested Divorce?
A contested divorce is a divorce in which the parties are unable to reach an agreement on one or more issues related to the divorce. Some of the most common issues in a contested divorce include:
Division of property and assets
Alimony or spousal support
Child custody
Child support
Visitation rights
When the parties can’t agree on these issues, they’ll need to go to court and let a judge make a decision. This can be a long and expensive process, as both parties will need to hire attorneys and prepare for trial. In addition, there’s no guarantee that the judge’s decision will be in your favor.
What is an Uncontested Divorce?
An uncontested divorce is a divorce in which the parties are able to reach an agreement on all of the issues related to the divorce. This type of divorce is generally much quicker, cheaper, and less stressful than a contested divorce. In an uncontested divorce, the parties will typically only need to appear in court once to finalize the divorce.
In Georgia, there are two types of uncontested divorce:
No-Fault Uncontested Divorce
In a no-fault uncontested divorce, the parties agree that the marriage is irretrievably broken and that there’s no chance of reconciliation. There’s no need to prove fault or wrongdoing on the part of either party. This type of divorce is generally the quickest and easiest way to get divorced in Georgia.
Fault-Based Uncontested Divorce
In a fault-based uncontested divorce, one party alleges that the other party is at fault for the breakdown of the marriage. The most common grounds for fault-based divorce in Georgia are adultery, desertion, and cruel treatment. However, fault-based divorces can be more complicated and take longer to resolve than no-fault divorces.
Which Type of Divorce is Right for You?
The type of divorce that’s right for you will depend on your individual circumstances. If you and your spouse can’t agree on one or more issues related to the divorce, you’ll likely need to pursue a contested divorce. However, if you and your spouse are able to work together and come to an agreement, an uncontested divorce may be the best option.
Some of the advantages of an uncontested divorce include:
Lower costs: Because there’s no need for a lengthy trial, an uncontested divorce is generally much cheaper than a contested divorce.
Quicker resolution: An uncontested divorce can typically be resolved much more quickly than a contested divorce, which can drag on for months or even years.
Less stress: Going through a divorce is already a stressful experience, and a contested divorce can make it even more so. By working together on an uncontested divorce, you can reduce the stress and emotional turmoil involved.
However, there are also some disadvantages to consider. For example, if you and your spouse are unable to come to an agreement on one or more issues related to the divorce, you’ll likely need to pursue a contested divorce. Additionally, if you believe that your spouse is at fault for the breakdown of the marriage, a fault-based divorce may be the best option.
In Conclusion
Contested and uncontested divorces each have their own advantages and disadvantages. If you’re considering divorce in Georgia, it’s important to understand the differences between these two types of divorce and which one is right for you. Ultimately, the decision will depend on your individual circumstances, including your ability to work with your spouse, the issues in dispute, and your goals for the outcome of the divorce.
If you’re considering divorce in Georgia, it’s important to consult with an experienced family law attorney. A skilled attorney can help you understand your options and guide you through the process, whether you choose a contested or uncontested divorce.
In addition to legal representation, there are other resources available to help you through the divorce process. For example, you may want to consider seeking the help of a therapist or counselor to deal with the emotional stress of divorce. There are also support groups and online resources available to help you navigate this challenging time.
In conclusion, going through a divorce is never easy, but understanding the differences between contested and uncontested divorce in Georgia can help you make the best decision for your individual situation. Whether you choose a contested or uncontested divorce, it’s important to seek legal representation and support to help you through this difficult time.
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