Rating 4, 9 (8) · Normally, an uncontested divorce can be finalized within 45 days to twelve months, while a highly contested divorce can take up to three years, if you're thinking about ending. Unfortunately, there's no exact timeline for a contentious divorce. It could easily take six months, a year, or even longer. Rather than rushing the process, it's usually better to focus on ensuring the best possible timeframe.
Those preparing for contested divorces may want to explore other options to expedite the process if the schedule is important to them. The contested actions require a lot of time for all concerned. A hard-fought internal action full of evidence, a temporary hearing, an unsuccessful mediation (usually one day long), all the communications required by difficult circumstances (hundreds of phone calls and emails) and a final trial (which usually lasts from one day to a week, depending on the complexity of the case and the number of witnesses), can last from 100 to 200 hours or more. If it's a contested divorce, you need an experienced trial attorney. Your attorney must have full and complete knowledge of the Civil Practices Act, the rules governing procedure and discovery, and the Georgia Rules of Evidence contained in Title 24 of O, C, G, A.
Fulton County, for example, has a special Family Division with its own unique local rules. To successfully handle a hearing or a contested trial, an attorney must be adept at asking witnesses, authenticating documents, presenting evidence and raising objections. You can't learn this in a book. A divorce in Georgia can take anywhere from 31 days to several years, depending on the type of divorce and other factors.
If both spouses are willing to cooperate in their divorce, the resolution usually takes between six months and a year. If one or both of the spouses are in conflict, resolving the divorce may take several years. Most disagreements stem from disputes involving money, property, child custody, court delays, custody evaluations, asset valuation, and delays caused by the slowness of the spouse's response. Mediation services can help keep this process civil and resolve the divorce on a faster time frame.
In a contested divorce in Georgia, the defendant has 30 days after receiving a divorce petition to respond. A contested divorce comes about when spouses can't agree on critical issues such as property division, child custody, or custody arrangements. Spousal support is another critical issue that can extend the term of contested divorces. This process involves additional steps, such as discovery and, possibly, a trial, to resolve disputes.
Contentious divorces can take anywhere from six months to several years, depending on the complexity of the case and the levels of cooperation. Temporary court orders can be issued to address immediate maintenance or custody needs during the process. Standing Orders: Upon filing for divorce, the court will automatically issue standing orders that prohibit either spouse from engaging in conduct such as emptying bank accounts or moving children out of jurisdiction. If the divorce is contested, a judge will have to review all of the evidence and arguments from the trial before signing a decree, which can take weeks or months.
Unless you and your spouse agree to separate amicably, one or both of you have the right to file a fault-based divorce petition in an effort to reinforce your legal position. We encourage clients to explore divorce mediation, in addition to traditional negotiations, to resolve some or all of their disputes out of court. The deadline for divorce in Georgia, as in other states, can vary considerably depending on factors such as the complexity of the case, the level of agreement or disagreement between the spouses, and specific local court procedures. An important consideration is whether a no-fault divorce should be filed or whether grounds for divorce, such as adultery, cruelty, or abandonment, should be alleged. If you can't agree on co-parenting arrangements, a judge will make those decisions at a contested custody hearing.
The more information spouses must submit to the judge, the longer divorce litigation may take. Under Georgia state statutes, there is a mandatory waiting period that applies when someone files for divorce. In addition, without a settlement, a contested divorce in Georgia could require the expertise of forensic accountants with regard to financial matters or an ad litem guardian with regard to child custody evaluations, which would slow down the entire process. Divorce in Georgia follows an established sequence of steps, each of which affects the overall schedule depending on the cooperation of both parties and the court's schedule. This type of divorce is usually faster and more cost-effective, since there is no need for a lengthy court battle.
