Kennesaw Contested Divorce Lawyer

Kennesaw Contested Divorce Attorney

Divorce is already hard enough, but when it’s contested, it can add to the stress. If you and your spouse can’t agree on the terms of your separation, you need a Kennesaw contested divorce lawyer to advocate for you. The team at Young Law Firm, LLC, can guide you through the complex divorce process, fighting to protect your rights and work toward a fair resolution.

What Makes a Divorce Contested?

A contested divorce happens when spouses are unable to agree on one or more major issues surrounding the ending of their marriage. Common points of contention may include:

• Child custody and parenting time
• Division of property and debts
• Child support
• Alimony

An uncontested divorce involves both parties agreeing on terms. This usually makes the process much faster and less expensive. However, a contested divorce can be lengthy and may require multiple court hearings or going to trial.

The state of Georgia holds a divorce rate of 2.1 per 1,000 people, compared to the United States as a whole at 6.2 per 1,000. The average duration of Georgia marriages was 11.4 years, according to 2024 data.

At Young Law Firm, LLC, our contested divorce attorneys work through conflict alongside their clients to find a resolution for the case. We can help you understand your legal rights and fight for the outcome you deserve.

Key Issues of a Contested Divorce in Georgia

There are certain aspects of ending a marriage that are more contested than others. These include:

• Dividing marital property. Georgia follows the principle of equitable distribution, which means that the marital property is divided fairly, but not necessarily equally. This division occurs for assets, such as bank accounts and investments, real estate, retirement accounts and pensions, debts and liabilities, and vehicles and other personal property. One spouse may attempt to hide assets or undervalue certain property. At Young Law Firm, LLC, we can utilize the help of forensic accountants or other financial experts to ensure full financial disclosure and a fair division of property.
• Child custody and parenting time. There usually isn’t a part of divorce that is more emotionally charged than decisions surrounding child custody. Georgia courts make custody decisions based on the child’s best interests. They consider factors including stability in the home environment, each parent’s involvement in the child’s life, the child’s emotional ties to each parent, the parents’ ability to co-parent effectively, and any history of domestic violence or substance abuse. Our Kennesaw contested divorce lawyers fight to protect your relationship with your children. We’ll advocate for your parental rights every step of the way.
• Child support. Georgia child support is calculated using an income-sharing model that takes into account both parents’ incomes. It also considers the number of children and any related expenses, such as childcare and healthcare. Contested divorce cases often arise over accurately determining income, especially if one parent is self-employed. Claims of underemployment or unemployment, and disagreements over extraordinary expenses, can make the child support aspect of divorce particularly challenging.
• Spousal support. Spousal support, or alimony, is not awarded in every divorce case. Spousal support can be temporary or permanent. Georgia courts consider many things, including the income of each spouse and their ability to earn income, how long they were married to each other, each spouse’s age and health, their marital contributions, including homemaking, and their living standard while they were married.

The Contested Divorce Process

The process for a contested divorce usually follows these steps:

1. File for divorce petition with the Superior Court. Kennesaw residents would file with the Cobb County Superior Court at 70 Haynes Street in Marietta.
2. The respondent must be formally served with the divorce papers.
3. The respondent can file an answer to the petition and counterclaim. This is the beginning of the adversarial process, where each party outlines their position.
4. The discovery phase involves exchanging information, such as financial records, property valuations, and custody evaluations.
5. Most courts require the parties to attempt mediation before trial. This can help resolve some of the contested issues without going to court.

If mediation does not work, the case proceeds to trial, where the court in Kennesaw, Georgia issues final orders.

FAQs

Q: What Is the Average Cost of a Contested Divorce in Georgia?

A: Contested divorces tend to cost more than non-contested divorces. However, the exact amount varies based on many factors, including attorney fees, the complexity of the disputes, and the length of the litigation process. When spouses cannot agree on issues like child custody, alimony, or property division, the court proceedings are drawn out. Additional expenses may include court fees, expert witness fees, and mediation costs.

Q: Is It Worth Contesting a Divorce?

A: It could be worth contesting a divorce if serious issues are at stake, such as spousal support, asset division, and child custody. Consider the additional financial and emotional costs of contesting a divorce. The length of the proceedings also increases with a contested divorce. However, if the benefits of contesting outweigh the costs and you have strong grounds for your position, it may be a good choice for you.

Q: How Long Does a Contested Divorce Take in Georgia?

A: The time it takes to go through the process of a contested divorce varies. Timelines depend on factors that include the complexity of the disputes, court schedules, and the willingness of both parties to cooperate with proceedings. Cases that involve more significant disagreements can take much longer, especially if they go on to trial. Mediation and settlement negotiations can make this process go faster.

Q: How Can I Get a Contested Divorce With No Money?

A: If money is tight and you’re not sure you can afford an attorney for a contested divorce, it’s still important to seek legal guidance from one. In many cases, Kennesaw divorce attorneys offer an initial free consultation. You can use this opportunity to discuss financial concerns and find out if they offer a sliding fee scale or can work out a payment plan.

Contact a Kennesaw Contested Divorce Lawyer

Our contested divorce lawyers in Kennesaw, GA can help you navigate disputes over property, custody, and support with confidence. We offer a free 30-minute consultation to review your situation and explain your legal options. Call us at 770-758-8976 to schedule your consultation or reach out to us online.