HANNAH C. PELHAM Attorney at Law

There are two types of divorce.  Contested and uncontested.  An uncontested divorce occurs where both parties want a divorce, or agree to a divorce, and are able to resolve all issues of the dissolution of marriage without the court’s involvement in the decision.  The parties must be able to agree on division of marital property, including debt, and if there are kids involved, the parties must agree to custody and child support issues.  The parties then file the Settlement Agreement with the Court, and the Court sets the matter for final hearing.  At the final hearing, the judge will determine that both parties were fully informed as to their rights and interests, and that the Settlement Agreement was entered into between the parties voluntarily, without any duress by the other party.

A contested divorce is where the parties are unable to agree on all matters of winding up the marriage.  Often, one party believes that he should receive more in the property division than the other, or that he should have primary physical custody.  Contested divorces are more costly than uncontested divorces, because of the extensive fact gathering and research involved.  Where there is a high conflict custody dispute, the Court may order psychiatric evaluations of all parties, including the parents, to determine whether there is mental instability of one or both parents, which may adversely effect the psychological and emotional health of the children.  Many counties in Georgia require court-ordered mediation, before trial, which can help the parties resolve their issues.

Parties often try to hide assets or fudge their expenses, to keep more money in their pocket.  At Hannah C. Pelham, P.C., we work hard to discover the actual financial situation of your spouse, to ensure that they do not get more than they are entitled to.

Originally posted 2009-04-13 07:04:45. Republished by Old Post Promoter