What is the Divorce Process? What Happens if They Can Not Agree?

Divorce is never an easy process. There are many ways to reach a divorce settlement. However, it is easier if couples can negotiate and agree on the major aspects of their divorce. No matter what type of divorce you are going through—even if it is amicable, it’s imperative to have a well-versed Cumming divorce attorney on your side to protect your rights and ensure the best possible outcome in your case.

The Georgia Divorce Process

The Georgia divorce process is similar to most other states. One spouse must formally file for divorce or petition the court for a dissolution of marriage. The non-filing spouse has 30 days to respond. The judge will issue standing orders, so either spouse can’t drain the bank accounts or move out of state with the children. The couple will go through a discovery process where they disclose assets and financial information to the other side. During this time, the judge may issue temporary orders regarding child custody and support as well as spousal support, and negotiations can begin.

Contested v. Uncontested Divorce

When a divorcing couple can reach agreements on the significant factors in their divorce, including child custody and support, the division of assets, and spousal support, they can file for an uncontested divorce. Even if it takes them some time to reach an agreement, this is the ideal situation. They can present their agreements to the family court judge, who needs to sign off on them to issue the final divorce decree. An uncontested divorce is generally faster, as the couple doesn’t have to wait for a court date or to let the judge determine how to settle the issues they can’t agree on. It’s also usually less expensive.

A contested divorce is one in which the soon-to-be ex-spouses can’t agree. Since they can’t agree, they have to take their case before a judge and let the judge decide on matters such as alimony, child support, child custody, and visitation rights, and how the couple’s assets and debts should be divided.

The couple will need to wait to get on the court schedule and will likely need to provide many details about their personal lives and finances to the court so the court can make the appropriate determinations in these matters. These cases also require more attention from Cumming divorce lawyers. A contested divorce gives the spouses less control over their lives once the divorce process is finished.

Many times, a divorce can start out as a contested divorce. Still, by working with lawyers and mediators or even choosing a collaborative divorce, it can turn into an uncontested divorce.

Contact a Compassionate Cumming Divorce Attorney Today

No matter what type of divorce you are facing, a compassionate Cumming divorce lawyer from Banks, Stubbs & McFarland can help. We have assisted spouses with all kinds of divorces and will protect your rights from beginning to end. Often, we can help you come up with creative solutions to your most pressing problems.

Schedule your confidential case consultation today by calling 770.887.1209 or completing our online form.