Contested Divorce
South Metro Atlanta, GA Area
Over 44 Years of Experience
Nominated for The National Black Lawyers - Top 40 under 40
Tailored Solutions for Each Client's Needs
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Navigate Your Contested Divorce with Professional Legal Support
A contested divorce occurs when spouses cannot agree on one or more key issues related to their separation, such as child custody, alimony, or property division. This type of divorce requires intervention by the court to resolve these disputes, making it a more complex, time-consuming, and often emotionally taxing process compared to an uncontested divorce. At The Law Offices of McGuire & Bullard, we provide robust legal representation to help clients navigate the intricacies of contested divorce and protect their interests.
You don't have to face this challenging time alone.
Contact us for caring and skilled legal support.
Key Issues in a Contested Divorce
Getting professional legal help can greatly impact your divorce outcome. The Law Offices of McGuire & Bullard can support you if you're contesting:
- Child Custody and Visitation: One of the most contentious issues in a divorce is child custody. Georgia courts prioritize the best interests of the child when making custody determinations. Factors considered include each parent's relationship with the child, their ability to provide a stable environment, and the child's needs and preferences. In contested cases, the court may appoint a guardian ad litem to represent the child's interests or order a custody evaluation to assist in making an informed decision.
- Division of Assets and Debts: Georgia follows the principle of equitable distribution, meaning marital property is divided fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse's financial situation, contributions to the marriage, and future needs. Marital assets include jointly owned property, income, and debts accrued during the marriage, while separate property, acquired before marriage or through inheritance, typically remains with the original owner.
- Alimony (Spousal Support): Alimony is financial support paid by one spouse to the other post-divorce. It is awarded based on the needs of the recipient and the payer's ability to pay. Factors influencing alimony decisions include the length of the marriage, the standard of living during the marriage, and each spouse’s financial resources and earning capacity. In contested divorces, disagreements over the amount and duration of alimony are common, requiring judicial intervention to resolve.
If you're facing any of these challenges, it's important to get legal advice. Our experienced attorneys are here to help.
The Contested Divorce Process
The Law Offices of McGuire & Bullard provides crucial support in the contested divorce process:
Filing the Divorce Petition
The process begins with one spouse filing a divorce petition in the superior court of the county where they reside or where the other spouse lives. The petition outlines the grounds for divorce, which can be no-fault (irretrievable breakdown) or fault-based, such as adultery or cruelty. Once filed, the other spouse is served with the petition and has a specified period to respond.
Discovery and Evidence Gathering
During discovery, both parties exchange information and documents relevant to the case. This phase includes written interrogatories, requests for documents, and depositions. Discovery is crucial for uncovering financial assets, assessing income, and gathering evidence to support each party's claims regarding custody, property division, and alimony.
Pre-Trial Motions and Hearings
Before the trial, there may be pre-trial motions and hearings to resolve procedural issues, temporary support, custody arrangements, and other matters. These motions can address interim relief and set the groundwork for the trial by clarifying the issues to be contested.
Trial and Judicial Decision
If the parties cannot reach a settlement through negotiation or mediation, the case proceeds to trial. Both sides present evidence and witness testimony to support their positions. The judge then makes decisions on all contested issues, which are formalized in a final divorce decree. This decree legally ends the marriage and sets forth the terms of custody, property division, and support.
Appeals and Post-Judgment Modifications
After the court's decision, either party can file an appeal if they believe the ruling was unfair or legally incorrect. Additionally, post-judgment modifications may be sought if there are significant changes in circumstances, such as a substantial change in income or relocation, affecting custody or support agreements.
Why Choose The Law Offices of McGuire & Bullard
When you choose our firm for your contested divorce, you're selecting a team committed to your success. We offer:
- 44+ years of combined legal experience
- Customized solutions for each client
- Top 40 under 40 National Black Lawyers recognition
- Local knowledge of South Metro Atlanta
- Membership in key legal associations
- Diverse business perspective
- Established since 2013
- Focus on client needs
Trust our skilled attorneys to provide the support you need during this important time.
Contact The Law Offices of McGuire & Bullard for Your Contested Divorce Needs
You don't have to handle a contested divorce by yourself. The Law Offices of McGuire & Bullard is ready to support you with legal expertise and personal attention. We're dedicated to achieving the best possible outcome for you and your family.
Contact us today to schedule a consultation and start resolving your contested divorce with confidence.
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At McGuire & Bullard, we understand that every family is unique. Our attorneys create custom strategies to address your specific legal needs and goals.
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