Contested Divorce Lawyer Atlanta

Divorce is one of the most challenging experiences you’ll face in life. If you and your spouse can’t agree on important issues, your divorce could take months or even years to finalize.

The right Atlanta divorce lawyer could protect your interests while helping you resolve key issues including division of assets and debts, child support, child custody, and visitation. At the law firm of Tessie D. Edwards & Associates, we understand the difficulties you are confronting, and we are ready to fight to help you achieve a positive outcome so you are prepared to move forward after your divorce.

What’s the Difference Between an Uncontested and Contested Divorce?

Divorce is a challenging life event that many individuals face. When spouses cannot agree on the terms of their separation, it leads to what is known as a contested divorce. At Tessie D. Edwards & Associates, P.C., a leading family law firm based in Atlanta, GA, we understand the complexities of the divorce process under Georgia divorce law. Serving Atlanta and the surrounding areas, our experienced attorneys provide compassionate and skilled legal representation to help you navigate issues such as child custody, alimony, and asset division.

What Is a Contested Divorce?

A contested divorce occurs when spouses cannot agree on one or more crucial issues required to legally terminate their marriage. These disagreements often involve asset division, alimony (spousal support), child custody, and child support. Unlike an uncontested divorce, where both parties amicably agree on all terms, a contested divorce under Georgia divorce law frequently requires court intervention, lengthy negotiations, and sometimes a trial.

Common Grounds for Contested Divorce in Georgia

Understanding the reasons behind a contested divorce can help you prepare for the divorce process ahead. Common grounds for a contested divorce in Georgia include disputes over asset division and debt allocation, disagreements regarding child custody and support, conflicts over alimony, and fault-based issues such as allegations of adultery, abuse, or abandonment.

In Georgia, both no-fault and fault-based grounds for divorce are recognized. At Tessie D. Edwards & Associates, P.C., we are well-versed in Georgia divorce law and can help you understand how these grounds may impact your case.

The Contested Divorce Process Summary

Navigating a contested divorce involves several steps:

– Filing the Divorce Petition: One spouse initiates the divorce process by filing a petition stating the grounds for divorce.

– Serving the Spouse: The other spouse must be formally notified of the proceedings.

– Response from the Respondent: The respondent files a response, agreeing or contesting the terms.

– Discovery Phase: Both parties exchange relevant information and documents, including financial records crucial for asset division and determining alimony.

– Mediation: Courts often require mediation to encourage settlement outside of court.

– Pre-Trial Motions and Hearings: Interim issues like temporary child custody or support are resolved.

– Trial: If no agreement is reached, the case goes to trial, and a judge makes the final decisions.

– Final Judgment: The court issues a divorce decree outlining the terms, including decisions on child custody, alimony, and asset division.

At Tessie D. Edwards & Associates, P.C., our experienced attorneys guide you through each step, ensuring your rights are protected throughout the divorce process.

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Key Issues in Contested Divorces

Asset Division

Georgia follows an “equitable distribution” model for asset division, meaning assets and debts are divided fairly but not necessarily equally. Factors influencing this include the length of the marriage, each spouse’s financial situation, and contributions to marital assets. Our attorneys at Tessie D. Edwards & Associates, P.C. work diligently to ensure a fair distribution under Georgia divorce law.

Child Custody and Visitation

In matters of child custody, the court’s primary concern is the best interest of the child. Factors considered include each parent’s ability to provide for the child, emotional bonds, and the child’s home, school, and community record. Our firm provides compassionate legal representation to protect your parental rights and advocate for your child’s well-being.

Child Support

Child support is calculated based on state guidelines, considering the parents’ income, the child’s needs, and custody arrangements. We help you understand how these factors apply under Georgia divorce law.

Alimony (Spousal Support)

Alimony may be awarded to balance economic disparities between spouses. Factors include the duration of the marriage, the standard of living established during the marriage, and each spouse’s financial resources. Our attorneys strive to secure fair alimony arrangements for our clients.

Why Legal Representation Matters

A contested divorce is a complex legal battle that requires professional guidance. Here’s how Tessie D. Edwards & Associates, P.C., serving Atlanta, GA, and the surrounding areas, can assist:

– Expert Negotiation: Our skilled attorneys aim to resolve disputes over asset division, alimony, and child custody through effective negotiation, potentially avoiding a trial.

– Tailored Legal Strategy: We develop personalized strategies based on the specifics of your case and Georgia divorce law.

– Court Representation: If the case proceeds to trial, our experienced litigators provide strong legal representation to advocate for your interests.

– Emotional Support: We offer compassionate counsel to help you navigate the emotional aspects of the divorce process.

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Pros and Cons of a Contested Divorce

Pros:

– Fair Resolution: Court intervention can lead to a more equitable outcome when parties cannot agree, especially regarding asset division and child custody.

– Legally Binding Decisions: Court orders are enforceable under Georgia divorce law, reducing future disputes.

Cons:

– Time-Consuming: The divorce process can take months or even years to conclude.

– Costly: Legal fees and court costs can accumulate, especially in complex cases involving alimony and asset division.

– Emotional Strain: The adversarial nature can heighten stress and conflict, affecting all parties involved.

Alternatives to Contested Divorce

If possible, consider alternatives to a contested divorce:

– Uncontested Divorce: Spouses agree on all terms, simplifying the divorce process.

– Mediation: A neutral third party assists in negotiating an agreement, often leading to amicable resolutions regarding child custody and asset division.

– Collaborative Divorce: Both parties and their attorneys commit to resolving issues outside of court.

At Tessie D. Edwards & Associates, P.C., we explore all options to find the best path forward under Georgia divorce law.

Preparing for a Contested Divorce

– Gather Documentation: Collect financial records, property deeds, and any documents related to child custody and support.

– Avoid Social Media Pitfalls: Posts can be used as evidence; discretion is advised during the divorce process.

– Seek Professional Support: Consider counseling to manage the emotional stress of a contested divorce.

Contact Us

A contested divorce is undoubtedly challenging, but understanding the divorce process under Georgia divorce law can empower you to make informed decisions. At Tessie D. Edwards & Associates, P.C., located in Atlanta, GA, we are committed to guiding you every step of the way, ensuring your rights and interests are protected. Serving Atlanta and the surrounding areas, our local presence means we’re readily accessible to address your needs promptly. Contact us today for a consultation and take the first step toward a new beginning.

With years of experience in family law, Tessie D. Edwards & Associates, P.C. offers compassionate and skilled legal representation. Based in Atlanta, GA, our team is dedicated to achieving the best possible outcomes for our clients in the surrounding areas, providing personalized strategies tailored to your unique situation. Whether you’re facing a contested divorce, dealing with child custody disputes, or navigating alimony arrangements, we are here to help.