Contested Divorce — When the Case Goes to Court
A contested divorce means that no agreement exists between the spouses on some issue — the fact of the divorce itself, the children, the property or maintenance. Under Article 1123, a divorce takes place through the courts where there is a dispute between the spouses; otherwise the matter is resolved through the civil acts registration authority. In court litigation every position must be supported by evidence, and that is where the lawyer's work begins: we build the concept of the claim, determine which issues will be decided together with the divorce, and make sure that none of your interests is left unprotected in the process. Note as well that during the wife's pregnancy and for one year from the child's birth the husband has no right to bring the case without the wife's consent — this restriction must be taken into account at the very first stage of planning.
The Course of the Proceedings and the Reconciliation Period
The court hears divorce cases under the actions procedure established by the civil procedure legislation. The court takes measures to reconcile the spouses and has the right to postpone the hearing and set the spouses a period for reconciliation, which must not exceed six months. The divorce takes place if the court establishes that the spouses' further life together and the preservation of the family have become impossible, notwithstanding the reconciliation measures taken. We prepare the evidence so that this conclusion is substantiated for the court, and we steer the reconciliation stage purposefully — the strategic decisions follow it.
Children's Residence and Support — Decided Together with the Divorce
Where the spouses are not agreed on the children's place of residence after the divorce and on the funds payable 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 (alimony). Moreover, where necessary, the guardianship and care authority must be involved in the case to participate. This means that the position on the children must be written into the claim and justified with evidence from the start — changing it later is far more expensive. We build this part from the outset: we collect documents on the child's routine, schedule and schooling, and frame a position expressed in the language of the child's interests.
Spousal Support and the Division of Property
At 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 the other spouse must pay. As to property: at the request of the spouses or of either of them, the court must consider, together with the resolution of the divorce case, the division of the property held in the spouses' common ownership; however, where such a division affects the rights of a third party, the property dispute cannot be decided together with the divorce. We analyse which demand should be raised at which moment, so that you neither miss a deadline nor commit a procedural error, and we represent you both in court and at the negotiating table.
Protection of Minor Children, the Incapacitated Spouse and the Registration
When rendering a decision on divorce, the court, where necessary, takes measures to protect the interests of the minor children and of the incapacitated spouse — which means that the situation of these persons must be secured upright in the court decision, and influencing it is a matter of evidence. The completion stage matters as well: the divorce registration carried out on the basis of a court decision that has entered into legal force is not subject to the limitation period provided by another norm of the Code — in other words, after the decision takes effect, the right to the registration does not lapse with the passage of time. We build this circumstance into the strategy: no decisive demand is left outside the claim, and carrying the result through to the registration is our duty as well.
Frequently Asked Questions
Below we answer the questions raised most often in contested divorce cases.
Is a divorce possible when the other side objects?
Yes. Where a dispute exists, the divorce takes place through the courts, and the court assesses whether the spouses' further life together and the preservation of the family have become impossible. Representation directly influences that assessment.
What does the court decide together with the divorce?
In the absence of agreement, the court determines which child remains with which parent and in what amount each parent must pay support (alimony); the issues of spousal maintenance and the division of common property may also be resolved together, provided the rights of third parties are not affected.
How long will the process last?
The court may set a reconciliation period not exceeding six months; the remaining time limits are governed by the procedural legislation. We build a realistic time forecast before opening the case.
Does the guardianship and care authority have a role?
Yes — where the dispute concerns the children, the guardianship and care authority must, where necessary, be involved in the case. We plan the communication with that authority in advance as well.
How We Help on Legal.ge
We draft the claim and the demands, gather the evidence, conduct the hearings, run the negotiations and complete the steps connected with the enforcement of the decision. Contact us on Legal.ge — we will assess your case and build a position that covers every component of the dispute.