A contested divorce is a divorce through the courts, where the spouses cannot agree or dispute the related questions — children, maintenance and property. The Civil Code precisely regulates how such cases are examined in court, what reconciliation mechanism exists and with what time limit, and which accompanying questions the court decides in one and the same case. This page explains these rules so that a spouse knows what to expect in court proceedings and how to build a position from the very first step.
Termination of Marriage and the Court Route
Under the Civil Code, marriage terminates through the death of one of the spouses, through the declaration of one of the spouses as deceased in the manner established by law, or through divorce. In a contested situation, divorce occurs only by a court decision, and it is along this route that the practical questions arise: how quickly the case will conclude, what will happen to the children and the property, and who will protect the interests of the weaker party.
Divorce cases are examined by the court under the action procedure established by the Civil Procedure Code. This means that one spouse files a claim, the other party responds, and the court decides on the basis of the evidence whether a ground for divorce exists. The procedure is adversarial in nature, which places a premium on the correct formulation of claims and on timely preparation of evidence.
The Reconciliation Mechanism and Its Limit
The court takes measures to reconcile the spouses: it has the right to postpone the examination of the case and to set the spouses a period for reconciliation, which must not exceed six months. This mechanism gives the court a tool to grant the family time to overcome the conflict. At the same time, the reconciliation period extends the process, and a plaintiff should take this into account when planning the timeline of the dispute.
A divorce takes place if the court establishes that the further cohabitation of the spouses and the preservation of the family are impossible, despite the measures taken for reconciliation. This formula is the essence of the claim: the party must prove that the family relationship cannot be restored, and the court reaches this conclusion only on the basis of the evidence presented.
Children and Spousal Maintenance in the Same Case
Where the spouses are not agreed on the place of residence of the children after the divorce and on the funds to be paid for their maintenance, the court is obliged, together with the divorce, to determine which child remains with which parent and in what amount each parent must pay support, that is, alimony. In this situation the guardianship and custodianship organ must, if necessary, be involved in the case — this organ assists the court in assessing the interests of the children.
Spousal maintenance is likewise part of the divorce case: upon the request of the spouse entitled to receive support from the other spouse, the court is obliged, together with the resolution of the divorce case, to determine the amount of the funds to be paid by the other spouse. When issuing its decision, the court also takes, where necessary, measures to protect the interests of the minor children and the incapacitated spouse. These guarantees make the court route not merely a formality but a substantive review of the family's situation.
Division of Property and Its Boundary
At the request of the spouses or either of them, the court is obliged, together with the resolution of the divorce case, to consider the question of dividing the property that constitutes the joint property of the spouses. This possibility is of practical importance: instead of turning the separation of joint property into a separate dispute, it is resolved within one case.
This rule has a boundary as well: where such division affects the rights of a third party, the dispute on the division of property cannot be decided together with the divorce case. Where the interests of third persons exist, the property question requires separate examination, and its timely identification changes the strategy of the dispute in advance.
With respect to the registration of a divorce to be carried out on the basis of a court decision on divorce that has entered into legal force, the law does not obstruct it with a limitation period — applying for registration after the decision is not restricted in time.
Frequently Asked Questions
Which organ decides a contested divorce?
The court, under the action procedure — on the basis of a claim and after the examination of the evidence.
Can the case be postponed?
Yes. For the purpose of reconciliation, the court may postpone the examination and set the spouses a period not exceeding six months.
What does the court decide regarding children?
Where the spouses disagree — which child remains with which parent and which parent pays alimony and in what amount; the guardianship and custodianship organ is involved where necessary.
Can property be divided together with the divorce?
Yes, in the case of the spouses' joint property; where the rights of third parties are affected, the property dispute must be examined separately.
How We Help on Legal.ge
The advocates of Legal.ge manage contested divorce cases end to end: we prepare the claim, build the position on the children's residence and alimony, and substantiate the demands for spousal maintenance and the division of joint property. Contact us for a consultation — we will assess your situation and prepare a strategy that protects your interests in court.