Contested vs Uncontested Divorce in Georgia: Which Path Fits Your Situation?

| Factor | Uncontested Divorce | Contested Divorce | |—|—|—| | Fee structure | Flat fee by tier ($5,000 / $7,500 / $10,000) | $7,500 retainer with hourly billing subtracted from the retainer | | Timeline | 31-day waiting period plus county-dependent final step | 6 to 12 months across Fulton, Gwinnett, and Forsyth | | Court appearances | Often resolved without a hearing | Multiple hearings, possible trial | | Who decides the outcome | You and your spouse | The judge | | Privacy | Settlement terms are private until filed | Trial testimony is public record | | Emotional impact | Lower, cooperative process | Higher, adversarial by design | | Control over result | Full control. You write the agreement | Judge has final say on every issue | | Mediation | Not required. Already agreed | Required in Fulton; generally used in Gwinnett and Forsyth | | Best for | Cooperative spouses, straightforward assets, agreed custody | Disputed custody, hidden assets, uncooperative spouse, DV situations |

The tier is determined during the consultation. Once set, the fee is fixed. No hourly billing. No surprises.

“Uncontested” does not mean you start in perfect agreement. Many couples begin with disagreements but reach consensus through attorney-guided negotiation before filing. If you agree on most issues and can resolve the remaining points with legal guidance, you still qualify for an uncontested divorce. The threshold is that by the time the petition is filed, all issues are resolved in a signed agreement.

A contested divorce begins when spouses cannot agree on one or more significant issues. The filing spouse serves the petition on the other spouse, who has 30 days to file an answer and counterclaim. From there, the case enters litigation.

Discovery phase. Both sides exchange financial documents (tax returns, bank statements, retirement account statements, business records) and answer written questions under oath (interrogatories). Discovery in a moderate case takes several months. In high-asset cases involving business valuation, forensic accounting, or complex compensation structures, discovery can extend significantly longer.

Temporary hearings. While the case is pending, either party can request temporary orders for custody, child support, spousal support, exclusive use of the marital home, and attorney fee contributions. These temporary orders govern the status quo during the case.

Mediation. Fulton County requires mediation before a contested case can be scheduled for trial. Gwinnett and Forsyth Counties generally use mediation as well, though it is not mandatory in either county. It is commonly chosen because it is effective and cost-effective. Most contested cases settle at or before mediation.

Trial. If mediation does not resolve all issues, the case goes to trial. A family law trial in Georgia is a bench trial decided by a judge, not a jury. Each side presents evidence, calls witnesses, and argues their position. The judge issues a final decree resolving all contested issues. Trial in Fulton, Gwinnett, and Forsyth Counties typically falls within a 6 to 12 month total case timeline.

Contested divorces at Tannen Law Group are handled on a $7,500 retainer with hourly billing subtracted from the retainer. Total cost depends on how long the case takes, the complexity of the issues, and whether the case settles at mediation or proceeds to trial. See pricing for current rates.

Not Sure If Your Case Is Contested or Uncontested?

Most people think their divorce will be uncontested until they discover disagreements on custody, support, or property. We assess the real situation in a free consultation.

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No obligation. We will give you a straight answer.

Contested to uncontested: yes, and this is common. Many cases begin as contested because the spouses disagree on initial terms. Through discovery, negotiation, and mediation, the parties reach agreement on all issues. At that point, the case converts to a settlement resolution. The settlement agreement is drafted, signed, and submitted to the court. This is actually the most common outcome. The majority of cases filed as contested settle before trial.

Uncontested to contested: possible but unusual. If both spouses signed a settlement agreement but one spouse later refuses to follow through or raises new objections, the case can become contested. This is rare because signed settlement agreements are generally enforceable, but it does happen when one party has second thoughts or when new information comes to light such as discovering undisclosed assets.

The practical takeaway: filing contested does not mean you will go to trial. It means you are entering a process designed to produce a resolution, whether through negotiation, mediation, or trial. At Tannen Law Group, we prepare every contested case for trial because that preparation is what produces favorable settlements. But the goal is always the best outcome at the lowest cost and shortest timeline.

Pursue uncontested if: You and your spouse can communicate without hostility. You both agree on who the children will live with and how parenting time will be shared. You have a clear picture of your assets and debts and can agree on a fair division. Neither spouse is hiding money or assets. Neither spouse has a substance abuse problem or history of violence that affects the children. You both want to minimize cost, time, and emotional damage.

Prepare for contested if: Your spouse refuses to negotiate or communicates only through threats and demands. You believe your spouse is hiding assets, income, or debts. You fundamentally disagree on custody and cannot find middle ground. There is a history of domestic violence, substance abuse, or other conduct that endangers the children. Your spouse has hired an aggressive attorney and is positioning for a fight. The asset pool is complex (business ownership, stock options, multiple properties, trust interests) and your spouse will not agree to fair valuation.

Start with a consultation if: You are not sure which category you fall into. Many people assume their divorce will be contested when it actually qualifies for uncontested. Others assume they can handle it uncontested when a contested filing would better protect their interests. A 30-minute consultation with an experienced attorney clarifies your situation and saves you from choosing the wrong path.

Attorney David Tannen has handled both uncontested and contested divorces in Fulton, Gwinnett, and Forsyth Counties since 2002. We do not push clients toward contested litigation when uncontested is appropriate, and we do not promise uncontested resolution when the facts warrant a fight.

Attorney Kevin Markes brings his former criminal trial background to contested cases involving disputed custody, hidden assets, and high-conflict opposing parties. His preparation rigor and cross-examination skills apply directly to depositions, contested hearings, and trial.

Director of Client Relations Melissa Barker handles intake and ongoing client communication. We understand divorce is a sensitive time and we work with families accordingly.

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