Contested Divorce

A contested divorce is one where the spouses disagree on one or more issues, such as dividing the house, retirement accounts or debts, alimony, child custody or child support. Contested does not have to mean a courtroom battle. Many contested cases settle through negotiation or mediation once both sides have the facts. But when a spouse will not agree, you need a plan for discovery, temporary orders and, if necessary, trial. Our office represents spouses in contested divorces in Atlanta, Norcross and the surrounding metro Atlanta counties.

How a contested divorce moves through a Georgia court

1. Filing and service. One spouse files a complaint for divorce in superior court, usually in the county where the other spouse lives. The other spouse is served and generally has 30 days to file an answer and any counterclaim.
2. Temporary orders. Either spouse can ask the court for a temporary hearing on custody, parenting time, child support, use of the home, payment of bills or temporary alimony while the case is pending. Temporary orders often shape the rest of the case.
3. Financial disclosures. Each spouse must file a domestic relations financial affidavit listing income, expenses, assets and debts.
4. Discovery. The spouses exchange documents and answer written questions. Lawyers may take depositions or subpoena bank, business or employment records.
5. Mediation. Many Georgia courts refer contested divorces to mediation before trial. Most cases resolve at or after mediation.
6. Trial. If issues remain, the judge decides them, or a jury decides certain issues if a party demands one in writing. Custody is always decided by the judge, not a jury.

The main issues in dispute

Dividing property and debts

Georgia uses equitable division. Marital property, meaning property acquired during the marriage, is divided fairly, which is not always equally. Separate property, such as assets owned before the marriage, gifts and inheritances, generally stays with the spouse who owns it, unless it was mixed with marital property. Common disputes include:

• Whether a home or account is separate or marital, or partly both
• The value of a business, rental property or professional practice
• Retirement accounts and pensions, which often require a qualified domestic relations order to divide
• Debts in one spouse’s name that were used for family expenses
• Money spent on an affair or hidden from the other spouse

Alimony

Alimony is not automatic. The court considers the needs of one spouse and the other spouse’s ability to pay, along with factors such as the length of the marriage and the standard of living. A spouse whose adultery or desertion caused the separation is barred from receiving alimony. See our alimony page.

Custody, parenting time and child support

The judge decides custody based on the child’s best interests, using factors set by Georgia law. A child 14 or older may choose which parent to live with, and that choice is presumptive unless it is not in the child’s best interests. Each parent submits a proposed parenting plan, and child support is calculated under the state guidelines. See our child custody page.

Fault grounds and why they still matter

Most contested divorces are still granted on the no-fault ground that the marriage is irretrievably broken. Georgia also allows divorce on fault grounds such as adultery, desertion, cruel treatment and habitual intoxication. Even in a no-fault divorce, conduct can matter. It can bar or affect alimony, influence how property is divided, and bear on custody when it affects the children. Evidence of conduct must be handled carefully and lawfully. Do not access a spouse’s email, phone or accounts without permission.

Protecting yourself while the case is pending

• Gather copies of tax returns, pay stubs, bank and retirement statements, deeds, loan documents and credit reports.
• Do not move large sums of money, run up debt or transfer assets. Pending a decision on alimony, Georgia law bars substantial changes to assets outside ordinary business affairs.
• Keep communication with your spouse civil and in writing, especially about the children.
• Be careful on social media. Posts are often used as evidence.
• Do not move out of the home or move the children without talking with a lawyer first.
• If there is family violence, a temporary protective order may be available separately.

Settlement at any stage

Spouses can settle a contested divorce at any time, even the day of trial. A settlement lets you control the outcome instead of leaving it to a judge, and it usually costs less. Once a settlement agreement is signed and approved, the case becomes uncontested in effect, and the agreement is made part of the final decree. See our uncontested divorce page.

How long does a contested divorce take?

It depends on the issues, the court’s calendar and how much the spouses disagree. A case with a single disputed issue may resolve in a few months after mediation. A case involving custody evaluations, business valuations or hidden assets can take a year or more. Temporary orders provide structure in the meantime.

Hypothetical: A husband in Lawrenceville owns a landscaping business started during the marriage. His wife believes the business is worth far more than his tax returns show. Each side hires a business valuation professional, the wife subpoenas bank records, and the court enters temporary orders on child support and the mortgage. At mediation, the spouses agree that he keeps the business and she receives a larger share of the home’s equity and his retirement account.

Read our post on who gives you legal advice at divorce mediation. The Georgia courts also publish self-help resources that explain court procedures.

This page reflects Georgia law as of November 2026. Laws and court rules change, so confirm current requirements in your case.

How our office can help

If you are looking for a contested divorce lawyer in Atlanta or Norcross, our office can seek temporary orders, conduct discovery, work with financial and custody professionals, prepare you for mediation, and try your case if it does not settle.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.