Georgia Law defines contested divorce when the parties cannot agree on all issues involved or one spouse flat out disagrees with the divorce. Often the issues are centered around splitting marital assets and child custody but each divorce is complex. At the Law Offices of Sean R. Whitworth, we understand the burden and financial issues that typically come with divorce. 

Attorney Whitworth is located in Marietta, Ga and offers free case evaluations and flat fees so you can focus on the things that matter while we fight for you. Contested divorce is the most common type of divorce specifically if there is children and assets involved. 

Why would aa spouse fight a divorce- attorney Sean R. Whitworth

What is if your spouse does not agree to the Divorce? 

It can be hard to understand why someone would want to be with someone who no longer wants to be with them but reasons vary. 

Reasons often include the following:

  • the spouse is financially or emotionally dependent
  • the spouse does not care about your happiness/has unrealistic goals for the future 
  • panic over such a momentous change in their life
Whatever the reason, just because they disagree doesn’t mean you can’t get a divorce

What are grounds for divorce? 

Unlike many states, Georiga takes “bad conduct into consideration” during a divorce! That includes but is not limited to: 

  • Cruel treatment- physical, verbal, and emotional abuse in which the receiving spouse worries for their mental or physical health. 
  • Adultery
  • Desertion-willfully abandoning a marriage for one year or longer (this includes no physical relationship) even if you’re spouse doesn’t skip town, this is grounds for divorce. 

Some fault grounds for divorce include adultery, desertion, mental incapacity at the time of marriage, marriage between people too closely related, impotency at the time of marriage, force or fraud in obtaining the marriage, conviction and imprisonment for certain crimes, mental or physical cruel treatment, habitual intoxication or drug addiction, and mental illness.

We always file under no-fault grounds, irreconcilable differences and add fault grounds if necessary

When a spouse commits what the courts consider to be “bad conduct,” they may not be entitled to alimony. However, you must prove these acts through private investigations, diary-keeping, or photo/video evidence submitted to the court. That’s why you need an attorney by your side who has experience in Georgia divorce. An aggressive attorney is important, but your attorney must also have an understanding of Georgia’s divorce law and care about you and your family. 

Attorney Sean Whitworth not only has the experience, but he also understands that the cost of divorce shouldn’t drain your bank account. That’s why he offers flat fees for his divorce law services.


Does the reason for the divorce impact the case? 

Contested Divorce in Georgia - Attorney Sean R. Whitworth

In short, yes. Bad conduct during a marriage makes a significant difference in a divorce. Spouses may feel a negative impact on issues such as child custody, alimony, and who is at fault for the divorce make a difference. That’s why we take the time to educate our clients and evaluate their case with them. 

It’s crucial to Attorney Whitworth that his clients have an understanding of what’s going on with their case and what the current laws are regarding child custody, marital assets, and alimony. You can be completely confident that your divorce is being handled by an attorney who cares and will fight hard for your case. 

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