Contested Divorce

A contested divorce is a divorce in which parties cannot agree on one or more of the issues involved. More often than not, disagreements are over child custody or property division, but any issue can be at the center of the dispute, including alimony and child support.

At The Law Offices of Abbott & Abbott P.C., our aggressive approach makes us well equipped to take on contested divorce cases. Our attorneys are your advocates, ready to fight for your rights.

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Grounds for Divorce in Georgia

Georgia, unlike many U.S. states, takes bad conduct into consideration in divorce cases. Grounds for divorce include:

  • Cruel treatment
  • Adultery
  • Desertion

Not surprisingly, allegations of mistreatment, adultery and desertion are frequently at the heart of contested divorce cases. These allegations can have a major impact on your case. For example, a spouse who committed adultery is not entitled to alimony. We understand the role allegations of bad conduct can play, and we build contested divorce cases accordingly.

Allegations of Cruel Treatment

Georgia is different from most states in that bad conduct is still relevant in divorce cases. While many cases are filed under the ground of irretrievably broken, which is referred to as the no-fault ground, others are filed on the grounds that one side was at fault. One of the most common of those fault grounds for divorce is cruel treatment.

Not surprisingly, when allegations of cruel treatment are being thrown around, divorce cases can become very contentious. At The Law Offices of Abbott & Abbott P.C., our aggressive approach makes us well qualified to serve as your advocates and to fight for your rights in these cases.

Anything constituting domestic violence also constitutes cruel treatment. Essentially, cruel treatment is any action that one spouse willfully inflicts upon the other that causes the receiving spouse to worry about his or her physical or mental health. Cruel treatment can be physical mistreatment, verbal mistreatment or emotional mistreatment.

Desertion as Grounds for Divorce

While cases can certainly be filed under the ground of irretrievably broken, which is referred to as the no-fault ground, they can also be filed on the grounds that one side was at fault. One of those fault grounds for divorce is desertion.

Desertion is defined as willful and intentional abandonment of marriage for one year or more. Many people think that desertion refers to one spouse packing up and leaving, moving to another home, to another city or to another state entirely. While this is possible, desertion can occur with both spouses remaining under the same roof. If there has been no physical relationship for one year or more, meaning that the spouses do not sleep together or that they stay in separate rooms, this constitutes desertion.

Do the Grounds for Divorce Make a Difference?

If a divorce is filed under the ground of cruel treatment, it can make a significant difference in how the case is handled. A spouse who commits domestic violence or any other form of cruel treatment may feel a negative impact in a variety of issues, including child custody.

Also, the spouse accused of desertion, the spouse being accused of being at-fault for the divorce, may receive a less favorable outcome than if there was no fault. In other words, having grounds for divorce does make a difference. That is why we will carefully review your case, determining whether these allegations should be made and fighting against them if they have been made against you.

Our lawyers will review your case and take the appropriate action, protecting you from allegations of cruel treatment, if necessary, or making these allegations against your spouse. You can be confident that we will fight to do what is right for you.

Willing to Fight for You in Court

We will work toward a negotiated settlement agreement whenever we can, but we know that option is not always realistic in contested divorce cases. For that reason, we are always well prepared to fight aggressively for you in court if your case goes to trial.

Before any decisions are made, we make certain that you understand what you are getting into. The reality of contested divorce cases is that they can become costly and last a significant period of time, particularly if they end up going to trial. We will carefully inform you of all your options so you understand the costs and the benefits of moving forward in each direction.

Contact Us for a Free 30-Minute Consultation

For a free 30-minute consultation with our Canton and Marietta contested divorce attorneys, contact us today. We accept all major credit cards.