Most people going into a divorce hope it won’t be complicated. But when spouses can’t agree on one or more key issues — the house, child custody, retirement accounts, alimony — the case becomes contested, and the process changes significantly.
A contested divorce in Georgia takes longer, costs more, and involves the court in decisions you’d probably rather make yourselves. Understanding how it works from the start helps you navigate it more effectively. Consulting a knowledgeable marietta divorce lawyer can provide valuable guidance throughout this challenging process.
What Makes a Divorce Contested?
A divorce is contested when spouses disagree on any material issue and need a judge to resolve it. Common points of disagreement include:
- Property division — who keeps the house, how retirement accounts are split, how business ownership is valued and divided
- Child custody — legal custody (decision-making authority), physical custody (where the child lives), and the parenting schedule
- Child support — Georgia uses an income shares formula, but disputes arise over income calculations, expenses, and deviations from the formula
- Alimony — whether it’s warranted, how much, and for how long
- Debt — who is responsible for joint debts, and how to protect one spouse from the other’s future default
Even one unresolved issue makes the entire case contested.
The Contested Divorce Process in Georgia
Filing and Service
One spouse files a Petition for Divorce in the Superior Court of the county where either spouse resides. The other spouse is formally served and has 30 days to file an Answer — and often a Counterclaim.
In Cobb County, cases are heard in Cobb County Superior Court. Procedures and scheduling vary by county, which is one reason local experience matters.
Discovery
This is the fact-gathering phase. Both sides exchange financial documents, take depositions, and gather evidence relevant to the disputed issues. Discovery can include:
- Tax returns and pay stubs
- Bank and investment account statements
- Business records and valuations
- Records relevant to custody (communications, school records, medical history)
Discovery is where contested divorces slow down — and where attorneys earn their fees. Incomplete financial disclosure is common, and knowing how to identify it matters.
Temporary Orders
While the case is pending, either spouse can request temporary orders from the court governing custody, support, and use of the marital home. These orders are in effect during the divorce process and can last a year or more in complex cases. They also tend to influence final outcomes, so taking them seriously from the start is important.
Mediation
Georgia courts require mediation before most contested divorces go to trial. A neutral mediator works with both spouses (and their attorneys) to try to reach a negotiated settlement. Mediation resolves the majority of contested cases — often because both sides, having seen the evidence and the costs, become more willing to compromise.
If mediation succeeds, the agreed terms are put into a settlement agreement and submitted to the court for approval. If it fails, the case proceeds to trial.
Trial
If the case doesn’t settle, a judge (not a jury) hears testimony and evidence from both sides and makes the final decisions. Georgia courts decide property division based on equitable distribution — what’s fair given the circumstances, not necessarily 50/50. Custody decisions are governed by the best interest of the child standard, which considers a range of factors set out in Georgia law.
Trial is the most expensive and time-consuming outcome. Most attorneys — and most clients — want to avoid it if possible. But some cases genuinely require a court to decide, particularly where there’s a significant power imbalance, hidden assets, or genuine disagreement about what’s best for the children.
Timeline
Contested divorces in Georgia typically take 6 to 18 months from filing to final decree. Cases involving custody disputes, business valuations, or substantial assets often take longer. The court’s docket in your county, the complexity of the issues, and both parties’ willingness to negotiate all affect how long it takes.
How Property Is Divided in a Georgia Contested Divorce
Georgia is an equitable distribution state. That means marital property is divided fairly — but fair doesn’t always mean equal. Courts consider:
- Each spouse’s contribution to acquiring the marital assets
- The length of the marriage
- Each spouse’s financial situation and earning capacity
- Any misconduct that affected the marital estate (though Georgia courts have limited this significantly)
Separate property — assets owned before the marriage or received as a gift or inheritance — is generally not subject to division, but commingling can complicate that.
How Custody Is Determined
Georgia courts start from a neutral position and apply the best interest standard, evaluating factors including:
- Each parent’s relationship with the child prior to the divorce
- Each parent’s ability to provide stability and meet the child’s needs
- The child’s adjustment to home, school, and community
- Each parent’s willingness to support the other’s relationship with the child
- For children 14 and older, their expressed preference carries significant weight
Judges in Cobb County and across Georgia are not predisposed to favor either parent based on gender. What matters is demonstrable involvement and a stable, supportive environment.
Protecting Yourself in a Contested Divorce
A few things make a meaningful difference in contested cases:
Document everything. Financial records, communications about children, and evidence of marital contributions all matter. Start gathering them early.
Understand temporary orders. What happens in the first 90 days often shapes the rest of the case. Take those early motions seriously.
Don’t negotiate without knowing your rights. Agreeing to something because it sounds reasonable — without knowing what a court would actually award — is one of the most common mistakes in contested divorces.
Choose an attorney with local court experience. Cobb County Superior Court has its own procedures, judges, and tendencies. That knowledge matters when it comes to strategy and realistic expectations. A skilled marietta divorce lawyer familiar with Georgia family law can be an invaluable asset in this regard.
At Better Law, we represent clients through contested divorces across Cobb, Fulton, Gwinnett, Douglas, and nine other Georgia counties. We’re honest about what to expect, and we focus on outcomes — not on prolonging the process.
If your divorce is headed toward contested territory, the earlier you get counsel involved, the better your position. Call us at (470) 308-5409 or schedule a consultation. We’re located at 531 Roselane St NW, Suite 400-130, Marietta, GA 30060.