Paulding County Contested Divorce Lawyer

Helping Couples throughout Cobb County, Douglas County & the Atlanta Metro Area

A divorce may not be an easy process for all couples. There are many reasons why spouses may disagree on one or more terms of divorce agreement. When spouses cannot come to a divorce agreement on their own, this is known as a contested divorce. One of the most common ways of resolving a contested divorce is settling the disputes in a court-ordered divorce negotiation.

If you end up in court for your divorce, you will want to retain a skilled trial attorney with exceptional legal abilities in matters of divorce and family law. You want a legal team that understands how unique your circumstances are. At Henrickson & Sereebutra, our Paulding County attorneys have 100+ years of collective experience helping clients protect their best interests in divorces and other legal issues.

Work with a former prosecutor - contact us today or call at (770) 212-3313 for your free consultation.

What Happens in Court?

By nature of a contested divorce, the couple's settlement has not been arranged prior to arriving at court. This means that the court will conduct hearings to understand the best interests and needs of both spouses, and then make a judgment.

In a divorce judgment, the court will decide on the following:

• Child custody
• Child support
• Property division
• Spousal support
• Visitation

The judge's final judgment will have lasting effects a spouse's future and their relationship with their children.

Issues Commonly Disputed in Contested Divorces

There are several key issues that often lead to a contested divorce in Georgia. Each of these issues can significantly impact the financial and emotional aspects of your future. A Paulding County contested divorce lawyer will be able to represent your interests in these critical areas.

Child Custody and Parenting Time

Georgia courts prefer to award joint custody unless there are extenuating circumstances that would make joint custody unsuitable. Custody is divided into two categories: physical custody (where the child lives) and legal custody (who makes decisions about the child's education, health, and general welfare).

If custody cannot be agreed upon, the court will make a decision based on the best interests of the child. Factors such as each parent’s relationship with the child, the child’s preferences (if old enough), and the ability of each parent to provide for the child’s emotional and physical needs will all be considered.

Child Support

Child support is another issue that is often disputed in a contested divorce. In Georgia, child support is calculated using a formula based on both parents' incomes and the needs of the child.

The amount can be adjusted based on the child’s needs, healthcare costs, and other factors. However, disputes may arise if one party is not satisfied with the amount calculated or if there is disagreement about what constitutes a fair contribution.

Division of Marital Property

Georgia is an "equitable distribution" state, which means that marital property—assets and debts acquired during the marriage—is divided fairly, though not necessarily equally.

The court will consider various factors when determining how to divide property, such as the length of the marriage, the financial and non-financial contributions of each spouse, and the future needs of each party. 

Alimony (Spousal Support)

In some cases, one spouse may be entitled to receive alimony or spousal support. This financial support is typically awarded when there is a significant income disparity between the spouses, or if one spouse sacrificed career advancement or earning potential for the sake of the marriage or family. 

Disputes over the amount and duration of alimony payments often result in a contested divorce. A Paulding County contested divorce lawyer can help ensure that you receive fair spousal support or protect you from an unfair award.

Visitation Rights

Even if a parent does not have primary custody, they still have the right to visitation. Disputes may occur if the parents have different expectations or if one party believes that the current arrangement is not in the child’s best interest.

How a Contested Divorce Works in Georgia

A contested divorce is typically more complex and time-consuming than an uncontested divorce. It involves multiple stages, including discovery, hearings, and possibly a trial.

• Filing the Divorce Petition: The process begins when one spouse files a divorce petition with the court. The petition outlines the grounds for divorce, the relief sought (such as custody, alimony, and property division), and the issues in dispute. The other spouse is then served with the petition and has the opportunity to respond.
• Discovery: Discovery is the process in which both parties exchange information about their finances, property, and other relevant matters. This may include document production, written questions (interrogatories), and depositions. Discovery can help identify assets, uncover hidden financial information, and clarify other disputed issues.
• Temporary Orders: While the divorce is pending, either party can request temporary orders from the court, such as temporary child custody, child support, alimony, or the division of property. These orders are intended to provide stability during the divorce process but are not final decisions.
• Settlement Negotiations and Mediation: Many contested divorce cases involve some form of negotiation or mediation. If an agreement can be reached, the case may be settled without the need for a trial.
• Trial: If the parties cannot agree, the case will go to trial, and a judge will make decisions regarding child custody, property division, alimony, and other disputed issues. Both parties will present evidence, and the judge will issue a final ruling.

Ready to talk with our Paulding County contested divorce attorney? Call Henrickson & Sereebutra at (770) 212-3313 or schedule your consultation online!

Mediating Contested Divorces in Paulding County

Oftentimes, divorcing spouses in a contested divorce are required to attend and participate in mediation. Some contested divorces may be resolved without lengthy court procedures and heated disputes. Mediation is one alternative that allows spouses to resolve their issues outside of court with the help of a third-party mediator.

In mediation, many hassles and expenses of courtroom procedure are avoided, and healthy communication is frequently fostered through these methods. At Henrickson & Sereebutra, we know that your divorce calls for a personalized approach. We are prepared to help our clients find positive solutions, whether in court or outside of court. Whatever you may be facing, trust a firm who is invested in clients' present circumstances and future opportunities alike.

Modifying the Divorce Arrangements

One of the greatest dangers of going into a contested divorce without careful preparation and legal protection is ending up with a divorce settlement that puts you in a difficult position with financial strains or an unfair arrangement of child custody or child support. 

Fortunately, modifications can be made to some aspects of a final divorce decree. This is to protect spouses from an unfair settlement arrangement due to error or fraud, and also to recognize the changing circumstances that parents undergo in their separate lives.

Protect Your Entitlements & Move On with Your Life

Our contested divorce lawyers in Paulding County understand that every situation in a divorce is unique. When you begin the divorce process, you want to ensure that your best interests—and those of your children—are effectively represented. 

Our skilled legal team may help you arrange your financials and ensure you are prepared to make your case in court. When it comes to your future, do not leave anything to chance—let an experience attorney guide you through the process and defend your entitlements!

Schedule a free case consultation today and speak with our contested divorce attorney in Paulding County! Call now - (770) 212-3313