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Contested Divorce

Do I need to prove adultery to get a divorce in Georgia?

No, Georgia is a "no-fault" divorce jurisdiction regarding the dissolution of marriage itself. However, proving adultery might influence alimony or custody decisions in some cases.

Who gets to keep the house?

Property acquired during the marriage is generally split 50/50. If the house was bought before marriage or inherited, it stays with the original owner. The court decides based on evidence.

Can I get a divorce if my spouse refuses to sign?

Yes. If your spouse refuses to sign, you must file for a contested divorce in court. The court will eventually grant the divorce even if one party objects, after a potential reconciliation period.

Who pays for the lawyer in a contested divorce?

Each party typically pays their own legal fees. However, the court may order one party to pay the other's legal costs if they acted in bad faith or caused unnecessary delays.

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Contested Divorce: Protecting Interests During Complex Proceedings

Divorce is inherently a stressful event, but when parties cannot agree on key issues, the process escalates into a "Contested Divorce." In Georgia, a Contested Divorce involves court proceedings where there is a disagreement between the couple regarding the division of property, child custody, alimony amounts, or even the fact of the divorce itself. Unlike an uncontested divorce, which can be resolved at the Civil Registry, contested cases require court intervention and can last for months or years.

During a contested divorce, the involvement of an experienced lawyer is critically important. The court's decision is based on the evidence and legal arguments presented. Poorly managed defense can lead to the loss of co-owned property, restrictions on visitation with children, or financial loss. Legal.ge offers a platform where you can find family law experts who will help you develop a strategy, gather evidence, and uncompromisingly defend your legal interests before the court.

What Does Contested Divorce Service Cover?

Specialists on Legal.ge offer full procedural support, which includes:

  • Filing the Lawsuit: Drafting a legally sound lawsuit clearly stating demands (divorce, property, alimony).
  • Managing Property Disputes: Identifying and evaluating co-owned property and developing a fair division scheme. This includes real estate, business shares, and bank accounts.
  • Child Custody and Alimony: Determining the child's place of residence and justifying the alimony amount based on the other party's income.
  • Mediation Stage: Under the law, court mediation is often mandatory for family disputes. A lawyer will assist you in this process to reach the most favorable agreement possible.
  • Evidence Collection: Requesting financial documents, bank statements, and preparing witnesses.
  • Restraining Orders: If the divorce is accompanied by violence or threats, the lawyer ensures protective mechanisms are activated.

Common Scenarios and Real-World Examples

Contested divorce arises from various grounds:

  • Property Disputes: One spouse claims that an apartment bought during the marriage was purchased with personal funds (e.g., inheritance) and is not subject to division.
  • Business Division: Spouses built a business together, but it is registered only in one name. Upon divorce, the other spouse's contribution and appropriate compensation need to be established.
  • Disagreement Over Children: Both parents request that the child live with them. The court must decide where the better environment for the child will be.
  • Hiding Income: The alimony payer conceals real income. The lawyer requests forensic accounting or opening of bank records to establish the true picture.

Georgian Legal Framework

Contested divorce is regulated by the following key laws:

The Civil Code of Georgia establishes the grounds for divorce. Although Georgia does not require proving "fault" (adultery, cruelty) just to get divorced, a spouse's bad faith behavior can influence property division or child custody issues.

The Civil Procedure Code of Georgia defines the rules for dispute proceedings. The Code provides for special deadlines for family cases and often obliges the judge to attempt reconciling the parties, which may prolong the process.

The Law on Mediation plays an important role. The court can refer the case to a mediator, where parties try to find a compromise. This process is confidential and often more effective than lengthy litigation.

Step-by-Step Service Process

Cooperating with a lawyer from Legal.ge during a contested divorce involves:

  1. Initial Consultation: Assessing case perspectives and planning strategy.
  2. Preparing the Lawsuit: Gathering all necessary documents and filing the lawsuit with the court.
  3. Preparing the Defense (Counterclaim): If you are the defendant, the lawyer will prepare a reasoned response to the plaintiff's demands.
  4. Court Hearings: Participating in preparatory and main hearings, filing motions.
  5. Appealing the Decision: If the first instance decision is unsatisfactory, continuing the case in the Court of Appeals and the Supreme Court.

Why Choose Legal.ge?

A contested divorce is like a war where emotions often hinder rational judgment. Legal.ge allows you to hire a professional who will be your "cool head" and shield. Lawyers on our platform specialize in complex family disputes and know how to protect a client's financial and parental rights. Do not face the system alone — find a strong legal partner on Legal.ge.

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