The difference between contested and uncontested divorce in Georgia

In Georgia, couples have two basic choices when it comes to divorce. They can opt for an uncontested divorce or they can seek dissolution of the marriage through traditional types of divorce. In simple terms, traditional divorces are any type of divorce other than an uncontested one. In terms of speed and cost, an uncontested divorce is often the fastest way and least expensive way to end the marriage. There are certain conditions that must be present before couples can file for an uncontested divorce. An Atlanta Uncontested Divorce law firm experienced in this type of divorce can provide full details of what these conditions are, but here are a few of the more common ones: When it comes issues such a martial property division, child support and custody, and spousal support (if any), these issues must be undisputed. In other words, the couple must have agreed beforehand as to how they plan to handle these issues and both spouses must have agreed to the plan. If one spouse disputes any of these several issues, then an uncontested divorce cannot be filed. Couples may also be interested in knowing that Georgia is not a no-fault divorce state. What this means is for any type of divorce other than an uncontested divorce, one spouse must choose one of 13 grounds, which range from irreconcilable differences to conduct grounds such as cruel treatment and adultery. It is important to keep in mind that the grounds the spouse chooses will often have an effect on divorce issues such as marital property division, alimony and child custody. The 13 grounds for divorce in Georgia include: The marriage is irretrievably broken. Intermarriage by people within the prohibited degrees of kinship. Mental incapacity at the time of the marriage. Impotency at the time of the marriage. Force, menace, duress or fraud in obtaining the marriage. Pregnancy of the wife by a man other than the husband at the time of the marriage (and unknown to the husband). Adultery during the marriage. Desertion. The conviction of a crime of moral turpitude that results in a prison sentence of two years or longer. Habitual intoxication. Cruel treatment. Incurable mental illness. Habitual drug addiction. If none of the above applies to a marriage, and the couple still wishes to divorce, they may have no other option other than to file an uncontested divorce. An Atlanta divorce attorney can assist couples in deciding which type of divorce is possible and what conditions must be present before the courts will dissolve the marriage. An experienced attorney can also answer any questions that you may have concerning the various options that may be available. For those seeking an uncontested divorce, or any other type of divorce, consultation with a qualified Atlanta Divorce Law Firm is often a good first step. He or she may be able to explain the process, answer questions and assist in drafting any settlement agreements once the couple has decided how they want to proceed with issues such a property division, child custody, etc.