Contested Divorce Lawyer in Johns Creek & North Atlanta
A contested divorce in Georgia means the spouses disagree on one or more issues that the court must resolve. The disagreement can be narrow, such as a single dispute over a parenting schedule, or wide-ranging, including custody, every asset, support, and debt. The scope of the disagreement determines the timeline, the cost, and the intensity of the case.
Tannen Law Group has handled contested divorces for families in Johns Creek, Alpharetta, Milton, Cumming, Roswell, Suwanee, Duluth, and the surrounding Fulton, Gwinnett, and Forsyth Counties since 2002. Contested matters begin with a $7,500 retainer with hourly billing subtracted from the retainer. Total cost depends on what the case actually requires. We provide a realistic cost estimate during the free consultation, not after you have hired us.
Talk to a Contested Divorce Attorney
Attorney David Tannen has handled contested divorces in North Atlanta since 2002. We prepare every case thoroughly, because preparation is what produces strong settlements.
Free 30-minute consultation. No obligation. We respond within 2 hours during business hours.
Contested Divorce in the Atlanta Area: Quick Facts
- Definition: Spouses disagree on any issue the court must resolve, including custody, property division, debt allocation, spousal support, or child support.
- Process: Formal service of the complaint and summons, followed by a 30-day response period, then discovery, motions, and court-ordered mediation in most family law cases.
- Timeline: Typically 6 to 12 months across Fulton, Gwinnett, and Forsyth Counties.
- Attorney fees: $7,500 retainer with hourly billing subtracted from the retainer (see pricing).
- Mediation: Court-ordered in most cases before a trial date is set.
- Settlement: The vast majority of contested cases settle before trial.
- Residency: At least one spouse must have lived in Georgia for 6 months before filing.
- Grounds: No-fault or fault-based.
What is a Contested Divorce?
A divorce is contested when the spouses cannot agree on one or more issues that the court must resolve before the case can be finalized. The most common contested issues in our area are child custody (legal custody, physical custody, parenting time), property division, spousal support, child support, and debt allocation. A case that involves a single disputed issue is still procedurally contested, even when the disagreement is narrow.
A divorce that starts contested does not necessarily stay contested. Many cases resolve through negotiation or mediation after discovery reveals the full picture of the disputed issues and both parties develop realistic expectations. In our practice, the vast majority of contested cases settle before trial.
What changes the outcome is preparation. An attorney who prepares the case as if it will go to trial creates leverage at the negotiation table. The other side knows a cooperative settlement and a judge’s order are both real possibilities. That changes the conversation.
The Contested Divorce Process
Contested divorces follow a predictable procedural sequence in Fulton, Gwinnett, and Forsyth Counties, though the specific deadlines and required steps vary by county. See the comparison table below for the procedural differences across the three courts we practice in.
Filing. The petitioner files a Complaint for Divorce in the Superior Court of the appropriate county. The complaint identifies the parties, states the grounds, and may include initial requests for temporary relief.
Service. Once the complaint is filed, the respondent is formally served with the papers. Tannen Law Group coordinates service for our clients so it gets handled properly and discreetly.
Response. The respondent has 30 days from the date of service to file an Answer. The Answer puts the respondent’s position on record. A counterclaim can be filed at the same time to assert affirmative claims for custody, support, or property.
Temporary orders. Either party can request temporary orders covering custody, support, use of the marital residence, and protection of marital assets while the case is pending. Temporary orders maintain stability and prevent unilateral changes during the case.
Discovery. Discovery allows both parties to obtain information, documents, and testimony relevant to the issues in dispute. In some cases, discovery focuses on financial matters such as income, assets, business interests, and compensation. In others, it may involve evidence relating to custody, parenting conduct, substance abuse allegations, mental health concerns, domestic violence claims, school records, communications, or other facts that affect the court’s decisions. Discovery helps ensure that settlement discussions and court rulings are based on complete and accurate information. The scope and timing of discovery vary by county. See the comparison table below.
Contested custody cases often require discovery relating to parenting conduct, communications, school records, medical issues, substance abuse allegations, or other evidence affecting the children’s best interests.
Mediation. Mediation is built into the case flow in most Georgia family law cases. A neutral mediator works with both parties and their attorneys to find resolution. Mediation succeeds when both parties are represented by prepared attorneys, both have realistic expectations, and the full picture of the issues in dispute is clear from discovery.
Trial. When mediation does not produce a settlement, the case proceeds to trial. A judge hears testimony from the parties, witnesses, and any experts, then issues a final decree resolving the contested issues. Most contested cases in our area settle before trial.
Find Out What a Contested Divorce Will Cost in Your Case
Every contested divorce is different. We assess your custody situation, the marital estate, and the issues in dispute, then give you a realistic cost range and approach for your specific case.
(470) 560-7798 | Schedule online
No obligation. Honest assessment.
County Procedural Differences: Fulton, Gwinnett, and Forsyth
The procedural framework for a contested divorce differs across the three counties Tannen Law Group practices in. The timeline of 6 to 12 months is similar across all three, but the specific procedural steps, status conference structure, mediation requirements, and discovery deadlines vary. Understanding these differences before filing helps you and your attorney plan the case correctly from the start.
| Feature | Forsyth County | Fulton County | Gwinnett County |
|---|---|---|---|
| Mediation in Contested Divorce | Generally required before most hearings, including contempt. | Mandatory mediation in contested cases; part of the court’s structured case-management approach. | Not required to get in front of a judge for a Temporary Hearing. |
| Status Conferences and Pretrial | No special 30/60/120-day structure described. | 30-day status conference, 60-day status conference, and 120-day pretrial hearing are mandatory. | No 30/60/120-day structure described; less formal scheduling than Fulton. |
| Mediation Timing vs. Hearings | Most cases must mediate temporary or contempt hearings. | Mediation is built into the case flow along with status conferences and pretrial. | Mediation is optional but encouraged; often used because it’s effective and cost-effective; generally required by Court prior to a Final Hearing. |
| Mandatory Discovery Deadline | The Court itself does not have its own discovery. | The Court’s mandatory discovery is due at 30 days (not 60). Judges may grant 1 to 2 extra weeks or push to 60 days for Respondents or if the Petitioner needs additional time. | The Court itself does not have its own discovery. |
The court your case is filed in shapes the entire procedural posture of the litigation. Knowing whether you face a 30-day discovery deadline versus a more flexible schedule, whether mediation is mandatory before every hearing or optional, and whether the court runs status conferences on a fixed calendar all affect how the case gets built. At Tannen Law Group, we calibrate the case approach to the actual procedural framework of the court where it is filed.
Why Preparation Drives Contested Divorce Outcomes
Most contested cases settle before trial. That does not mean preparation is wasted. Preparation is what creates settlement leverage. Opposing counsel and the other party behave differently when they know the case is ready for trial. An attorney who consistently folds at mediation gets different settlement offers than one who is prepared to walk into the courtroom on the scheduled date.
Tannen Law Group prepares every contested case thoroughly. That means discovery requests written to develop the full picture of the issues in dispute, expert witnesses retained when the case requires them, motions filed to protect the client’s position while the case is pending, and a clear trial strategy in place from the first month of the case. The work happens whether or not the case ends up in front of a judge.
Every client receives the same commitment to preparation, communication, and honest advice. The level of work, strategy, and resources devoted to a case is calibrated to its complexity and the issues involved. A case involving a single home, two retirement accounts, and shared custody of two children does not require the same structure as a case involving a closely held business, multiple properties, and complex compensation. We have handled both and everything in between.
Attorney David Tannen has handled contested divorces in North Atlanta since 2002. Attorney Kevin Markes, a former criminal trial attorney with over 500 family law cases of experience, brings courtroom skills that translate directly to contested family law litigation when a case requires it. Director of Client Relations Melissa Barker is a former client of the firm and manages case communication so you are never blindsided about where your case stands.
Been Served With Divorce Papers? Here's What That Means
If your spouse filed first, you are the Respondent. Your spouse’s Complaint is an opening position, not a court ruling. You have full rights to contest every issue: custody, property division, alimony, child support, and debt allocation. The fact that your spouse filed first has no bearing on the outcome.
You have 30 days from the date of service to file your Answer. A counterclaim can be filed at the same time to assert your own affirmative claims for custody, support, or property. Temporary orders entered early in the case often set the framework for what the final orders look like, so the decisions made in the first 30 to 90 days shape the case for its full duration.
What to do immediately if you have been served:
- Do not ignore the documents.
- Do not move out of the marital home until you speak with an attorney.
- Do not make major financial transactions or close joint accounts.
- Do not contact your spouse’s attorney directly. That attorney represents your spouse’s interests, not yours.
Call (470) 560-7798 today. The free 30-minute consultation explains what the Complaint says, what your rights are, and what your specific deadline is.
What Drives Contested Divorce Costs?
Contested divorce costs are driven by case complexity and duration. Understanding the cost drivers helps clients make informed decisions about where to push and where to compromise.
The single most effective way to control cost is early, thorough preparation. Organized financial records reduce attorney time. Realistic expectations prevent prolonged litigation over marginal gains. Strategic compromise on lower-priority issues preserves resources for the issues that matter most.
Disputes over key issues add cost. Contested custody, complex property division, or disputed support calculations all require additional discovery, motions, and court time. Each contested issue adds work.
Urgent situations compress preparation and add cost. Emergency motions, temporary protective orders, and expedited hearings require concentrated work in a short window. Urgency drives cost because preparation gets compressed.
Communication breakdowns add cost. When spouses cannot communicate directly or through counsel, routine matters require formal motions instead of informal agreement. Every motion adds attorney time, filing fees, and court appearances.
Cooperation between the parties reduces cost. Organized financial records, willingness to mediate in good faith, and realistic expectations all reduce the total cost of a contested case.
Frequently Asked Questions
How long does a contested divorce take in Georgia?
Contested divorces typically run 6 to 12 months across Fulton, Gwinnett, and Forsyth Counties. Timeline depends on case complexity, the discovery required, and whether the case settles at mediation or proceeds to trial. Cases involving contested custody, business valuation, or complex compensation tend toward the longer end of that range.
How much does a contested divorce cost in Georgia?
Contested divorces at Tannen Law Group begin with a $7,500 retainer with hourly billing subtracted from the retainer. Total cost depends on what the case requires, including contested custody, complex property issues, extended discovery, expert witnesses, or a multi-day trial. We provide a realistic cost estimate during the free consultation. See pricing.
Can a contested divorce become uncontested?
Yes, and most do. The vast majority of contested cases settle before trial, often during mediation or after discovery reveals the full picture of the issues in dispute. When both parties develop realistic expectations and weigh the cost of continued litigation against the value of settling, resolution becomes possible. The case formally becomes uncontested when both parties sign a settlement agreement.
What is the difference between Fulton, Gwinnett, and Forsyth County procedure in contested divorce?
The timeline is similar across all three counties at 6 to 12 months, but the procedural framework differs. Fulton has a structured 30-day, 60-day, and 120-day status conference and pretrial schedule with mandatory mediation. Forsyth generally requires mediation before most hearings, including contempt. Gwinnett does not require mediation for a Temporary Hearing but generally requires mediation before a Final Hearing. The county procedural differences table above covers the specific differences across the three courts.
Do I have to go to trial in a contested divorce?
Most contested cases settle before trial. Mediation is built into the case flow in most Georgia family law cases, which provides a structured opportunity to negotiate. If mediation does not produce a settlement, the case is scheduled for trial, but settlement discussions can continue right up to the day of trial. Going to trial is the exception, not the expected outcome.
My spouse filed for divorce and I was just served. What are my rights as the Respondent?
You have full rights to contest every issue: custody, parenting time, property division, alimony, child support, and debt allocation. Your spouse’s Complaint is an opening position, not a court ruling. You have 30 days from the date of service to file an Answer. Call (470) 560-7798 immediately to find out your exact deadline. Read the full guide for Respondents.
What happens if my spouse refuses to cooperate with discovery?
Discovery obstruction is taken seriously in family law cases. We can request court intervention to compel compliance when a party is hiding information, refusing to produce documents, or failing to answer required questions. In our practice, sustained discovery obstruction usually backfires on the obstructing party.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your family law case.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your family law case.
Flexible Payment Plans Available
We work with families managing real financial constraints during contested divorce litigation. Payment plans are available for clients who need them. The consultation is the right place to discuss what is workable for your situation.
Take the First Step
A contested divorce is a substantial commitment of time, money, and emotional energy. The right preparation early in the case shapes the outcome at the end. Tannen Law Group provides honest assessment, thorough preparation, and direct communication throughout.
Free 30-minute consultation. In-person or Zoom.
Call or text (470) 560-7798
Tannen Law Group | 6455 East Johns Crossing, Suite 425 | Johns Creek, Georgia 30097
Your Free Consultation Includes:
- A realistic cost range based on your specific contested issues.
- A procedural overview for your county courthouse.
- Whether settlement or trial gives you the better outcome on your facts.
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Not ready to call? Read: Contested vs. Uncontested Divorce in Georgia