Marriage is not easy, but divorce can be even more difficult. There are many opportunities for roadblocks along the way, so you should not face this legal process alone. If you are dissolving your marriage and would like to learn more about the differences between uncontested and contested divorces, let an experienced divorce attorney help. Call an Atlanta contested and uncontested divorce lawyer today to have your case evaluated.
Every divorce is considered contested until it is settled. As soon as a divorce case is settled, it becomes uncontested. A couple may initially file for an uncontested divorce when the parties agree that the marriage is irretrievably broken, and they have settled all issues before filing the divorce action, which is known as an amicable divorce.
Alternatively, an uncontested divorce can become a contested divorce. One party could be upset by information uncovered during the discovery process. For example, they may find a bank account that the other party did not disclose or that the other party is having an affair. Although, this is not a common occurrence because parties who start this process amicably tend to resolve amicably.
The most common issues contested are child custody, equitable division of property, child support, and alimony. People do not usually contest the divorce itself but rather how it is going to be resolved. The least contested Atlanta divorce cases are those where the parties voluntarily exchange information or try to settle at mediation or with the assistance of a qualified attorney. Beyond that, the procedure includes the formal discovery process and goes all the way up to the trial, where a judge and/or the jury make the decisions.
Lawyers must try to reason with opposing parties to resolve a contested divorce, but this can be difficult because divorce is such an emotional issue. In an uncontested divorce, each party provides the others with whatever information they need, and the exchange of information is usually amicable. Parties in a divorce may also go to mediation to resolve their case. An Atlanta contested and uncontested divorce lawyer’s role is to manage the exchange of information and advise the individual on how to attain an amicable and fair settlement.
Discovery can be the most importance part of litigation and can include document production, depositions of the parties, depositions of non-parties, and subpoenas to financial institutions. Trying to navigate this process without a skilled attorney in Atlanta who has experience with contested and uncontested divorces can be detrimental to a case.
Atlanta courts seek to promote the best interests of children in divorce cases. If it is a contested custody case, the courts may appoint a guardian ad litem to do an investigation and determine a custody and parenting time arrangement that adheres to the best interests of the children. This information, as well as the advocacy provided by a contested and uncontested divorce attorney in Atlanta, helps a judge make a determination for the best interests of the children involved.
Divorce can either be a complicated process or could go over smoothly. Whether you are pursuing an amicable divorce or you must battle with opposing parties to dissolve your marriage, an Atlanta contested and uncontested divorce lawyer could help. Call and schedule an appointment today with knowledgeable legal counsel to gain a better understanding of what you can expect from your circumstances.