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Contested Divorce in Georgia



There are twelve grounds on which to file a contested divorce in Georgia if you cannot have an uncontested divorce or file for divorce on the grounds of irreconcilable differences.  Contested divorces are, by definition, lengthy and expensive.  This is due to the fact that the other spouse will almost certainly fight to provisions of the divorce agreement.  The only situation where this will not happen is when the spouse is missing and after good faith attempts are made to locate the spouse, the contested divorce is deemed “no contest” and the divorce agreement goes entirely in the favor of the petitioner.

You must have been a resident of Georgia for 6 months before you may file for a contested divorce in Georgia.

Mediation

After filing a divorce petition, even contested divorces will have a period to explore the possibility of mediation.  This enables the spouses to void a lengthy legal battle.  After petitions are filed, there will be the discovery period, when the spouses will have an understanding of what each side is seeking.  There should be a reasonable expectation on the merit of those demands when entering mediation.  One should pursue the contested divorce in Georgia only when entirely sure they have a compelling case for proving fault and will be able to absorb the legal fees that will be accrued when pursuing litigation.

Fees for filing a contested divorce in Georgia

You will pay about $200 to file for a contested divorce.  This is in addition to fees to have divorce papers served to the other spouse.  You will also need to pay attorney fees in addition to court costs.  The nature and severity of those attorney fees depend on the length of the trial and specific services needed, such as document preparation.

Do I need an attorney for a contested divorce in Georgia?

Yes, you will need an attorney.  Do not assume that you know all aspects of the state divorce law or that you will be able to follow all court procedure.  Specialized attorneys are experts at proving fault in contested divorce and will be able to minimize mistake you may make that reflect poorly on you.  You may minimize legal fees by working with an attorney on a divorce agreement that is suitable to both you and our spouse or entering a mediated divorce that does not involve assigning fault.  All divorces are certified by the court but contested divorces take much longer, in terms of making cases and following procedure.

Grounds for contested divorce in Georgia

There are up to twelve grounds for divorce in Georgia, which include:
- Adultery
- Desertion
- Mental incapacity at time of marriage
- Habitual intoxication or drug addiction
- Spouses are close relatives
- Mental and physical abuse
- Impotency at time of marriage
- Coerced or fraudulent marriage
- Imprisonment for certain crimes
- Unknown pregnancy at time of marriage
- Mental illness

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