PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
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A contested divorce is...
05/28/07 05:16 PM
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“In the response (the Answer) the spouse may contest the reasons alleged for the divorce
OR
may “contest” the claims for child custody, child support, alimony, or property division.
If, however, an Answer is not filed within 30 days, the right to contest the complaint may be lost.”
Georgia is a “grounds” state.. There are 13 acceptable reasons to allege for divorce, one of them is: “"irretrievably broken" (otherwise known as “no fault”).
Only one party has to assert “irretrievably broken" to get a divorce. She cannot contest it.
However, in her answer she can “contest” your claims to: child custody, child support, alimony, or property division.
That will result in a contested divorce.. And the Georgia Superior Court will schedule it for trial.. There will be a preliminary conference, discovery, dispositions, evidencery hearings, interim motions for pendente lite support, motions to compel, motions for motions…And of course the lovely 4-way or 2-way settlement conferences..
A contested divorce takes on a life (and a budget) of it’s own.. BTDT…
This paints a dire picture that is not entirely accurate.. While it sounds like she is heading toward a contested divorce, it could be for the sole purpose of setting up a dialogue and you two could be closer than you think…
A settlement can take place at any point during a contested divorce..
The last statistic I saw was 98% of divorce cases are settled out of court… On this board for instance I only know of myself and one other poster that had a full divorce trial on all issues…
It is great that you got to spend the weekend w/ your YDS… The studies say that divorce is hardest on the 6 to 10 set.. It is important that he is shown that you are still a part of his life…
It also speaks volumes as to her mindset.. If she was going to accuse you of anything dire.. She wouldn’t be leaving you alone w/ the child… Kinda shoots down her reason for you moving out..
“why would anybody want to unfairly do something and get more than what's fair?”
Ya need to be careful.. There are some lawyers who view divorce as “War” and use Colin Powell’s strategy of “overwhelming force” and “by any means necessary” to win..
My ex’s lawyer saw my ex as his ticket to retirement… The desire “to unfairly do something and get more than what's fair” was his slogan.. He convinced my ex that he would “win” everything and not have to give up anything..
Even if you are a highly moral person, this would be an attractive proposal.. No one ever said that my ex was a highly moral person..
I think I am a nice and fair person.. I never asked for anything unreasonable and none of that makes me a bad person… BUT I made the assumption that everyone else in the world was the same as I AND that is criminally naïve…
You need to hope for the best but prepare for the worst…
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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