In Georgia, an uncontested divorce is one in which the spouses are in agreement on every single issue, including equitable division, child custody, child support, and alimony. Often, uncontested divorces occur between spouses who have not been married a long time. This is likely because the parties have not been commingling assets and funds for a lengthy period of time and, as such, there is not as much marital property to divide. In addition, spouses who do not have children together may be more likely to have an uncontested divorce because child custody and child support, often the hot button topics, are not a part of the equation.
If there is even one issue on which the parties cannot agree, the divorce becomes contested. Many times, spouses think they will have an uncontested divorce, but one seemingly minor issue, such as who will get the dog, throws a wrench in the plan. If there is no agreement on all issues at the outset of the case, it is technically a contested divorce case - no matter how insignificant the outstanding issues may appear.
It is important to note, however, that just because a divorce is considered “contested,” it does not mean that you will not eventually settle all of the outstanding issues without the need for trial. Through mediation and negotiation with the opposing party, spouses who think there is absolutely no chance of settling their divorce often do just that.