When a couple gets married, the last thing on their mind is that there may be a possibility of them getting divorced. Should one of the spouses decide to get a divorce, it is important to know what kind of divorce they will be going through. There are two kinds, contested and uncontested divorce. Generally, divorces are not easy to deal with; on some level there is pain and stress.
There are two types of divorces in Georgia: Uncontested Divorces and Contested Divorces
An uncontested divorce is usually where both of the spouses can agree on most of the issues that occur during the divorce, such as issues relating to child support, custody of the children, alimony, debts incurred by the spouses when married, and the division of any property.
A contested divorce is generally a much stressful process, this is when the divorcing couple does not agree on anything and want to fight about the littlest things. When this happen they most likely have to settle things at a hearing, where the judge will decide how the issues will be settled.
More about a Georgia Uncontested Divorce
Out of the two, an uncontested divorce is usually the easiest due to the couples being able to work things out in a manner that is less argumentative. There are some requirements that must be met while filing for divorce that vary from state to state. In the state of Georgia, the filer must be a resident of for at least six months before they file the petition for divorce. Due to the fact that an uncontested divorce typically avoids court hearings, legal standoffs, or stressful negotiations between the spouses, it is in the spouses’ best interest to try to resolve any divorce issues as quickly as possible. Compromise is a big part of an uncontested divorce, it may seem tough to be friendly and working with a soon to be ex, but it is the most cost effective option, and less stressful. If there are any children involved, it may also be good for them to see their parents not being hostile towards each other.
More about a Georgia Contested Divorce
A contested divorce is considered to be the more hostile out of the two. During a contested divorce, the divorcing spouses argue about some, or all, aspects in regards to their divorce. Due to the negotiations that have to take place, the court hearings, and the reviews that have to be done, a contested divorce can take a lot longer to finalize. There are also more steps involved in a contested divorce, the spouses have to: Prepare and file a petition for divorce and they also have to deliver one to the other spouse to sign and respond.
The divorce petition typically states the reason for the divorce and it is also requesting the divorce based on that reason. The spouse that was delivered the petition then has to respond to the petition to argue any claims made. Failure to do so could have an impact on their position in regards to an issue like child custody. The spouses are recommended to seek out legal counsel; they then have to search for an attorney that is well suited to help them.
Then the parties will typically go through a process known as discovery, which means that information will be gathered from both spouses and any witnesses that are needed. Then the pre-trial legal motions and hearing begin. After that, the negotiations begin and some settlement offers are made. If the parties cannot settle the divorce then the divorcing parties must then go before a judge to have their issues resolved. Once the judge hears the divorce case, the judge can issue a Final Judgment and Decree of Divorce which will also outline a final decision on property division, debt division, child support, alimony and other related issues. There is also an option to appeal the decision if one of the spouses is not satisfied with the final decision. Also, if a change is circumstances warrants it, either party can petition the court for a modification of support. Divorce a tough and long process to go through, but if it means finding your happiness again, then it is worth it.