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Uncontested vs. Contested Gwinnett Divorce Cases

Posted by Doug Lewis | Apr 23, 2015 | 0 Comments

This is the first post in a series that will discuss the difference between uncontested and contested divorce cases filed in Gwinnett County Superior Court and the different types of uncontested and contested divorce cases.

Every Gwinnett divorce case is either contested or uncontested

An uncontested Gwinnett divorce case simply means that the parties (wife and husband) have entered into a signed written settlement agreement addressing and resolving all of the issues of the divorce.  A contested Gwinnett divorce case means that the parties (husband and wife) have not signed a settlement agreement resolving all issues of the divorce case.

When a divorce case is filed in Gwinnett County Superior Court it is a contested divorce case unless all of the required documents to settle the divorce are initially filed as well.   Just because a divorce case is initially filed as a contested case does not necessarily mean it will stay contested.  It is common for a contested divorce case to later become an uncontested divorce case once the parties reach a settlement.  The vast majority of divorce cases in Gwinnett County are uncontested divorce cases whether they start out initially as an uncontested case or it becomes uncontested during the pendency of the case such as before or after a temporary hearing, at mediation, or before/during the final trial.

Types of Uncontested Gwinnett Divorce Cases

There are different types of uncontested divorce cases filed in Gwinnett County Superior Court:

Type 1 Uncontested Divorce Cases – The parties have no minor children and there are no issues regarding the division of property, division of debt, or alimony to address in the divorce settlement agreement.

Type 2 Uncontested Divorce Cases – The parties have no minor children, but there are issues regarding the division of property, division of debt and/or alimony to address in the divorce settlement agreement.

Type 3 Uncontested Divorce Cases – The parties have minor children, but there are no issues regarding the division of property, division of debt, or alimony to address in the divorce settlement agreement.

Type 4 Uncontested Divorce Cases – The parties have minor children and there are issues regarding the division of property, division of debt and/or alimony to address in the divorce settlement agreement.

Types of Contested Gwinnett Divorce Cases

There are also different types of contested divorce cases filed in Gwinnett County Superior Court and assigned to a Gwinnett County Superior Court judge:

Type 1 Contested Divorce Cases – The parties have no minor children and there are only issues regarding the division of property, division of debt, and/or alimony to address in court.

Type 2 Contested Divorce Cases – There are no issues regarding the division of property, division of debt, and/or alimony to address in court, but the parties have minor children and there are issues involving custody, parenting time/visitation, child support, and/or insurance to be decided in court.

Type 3 Contested Divorce Cases – There are issues to be decided in court regarding the parties' minor children (involving custody, parenting time/visitation, child support, and/or insurance ), and in regards to the division of property, division of debt and/or alimony.

Type 4 Contested Divorce Cases – There are complex issues involving the parties' minor children (custody, parenting time/visitation, child support, insurance) and/or the division of property, division of debt and alimony.

Read how to file for divorce in Gwinnett County and the ten steps of the Gwinnett County divorce process to answer any questions you have regarding filing for divorce in Gwinnett County.

The next post in this series will go in more depth in regards to uncontested Gwinnett County Divorce cases.

If you have any questions about contested or uncontested divorce cases please contact attorney Doug Lewis by phone at 770-682-3765 or via email at dlewis@dwlewislaw.com for free initial consultation.

Lawrenceville Divorce Lawyer Douglas W. Lewis has over twenty years of experience in Gwinnett County and the Atlanta Metro area handling divorce, legitimation, paternity and child custody cases, family law cases, personal injury cases, criminal defense, civil litigation cases and estate planning matters.  If you have any questions please call the Lawrenceville office for a free initial phone consultation or to schedule an office consultation.  You can contact attorney Doug Lewis by telephone at 770-682-3765, via email.

About the Author

Doug Lewis

Doug is an experienced trial lawyer and advocate with a particular emphasis in family law, civil litigation and criminal defense matters.  As a family lawyer, he has represented a wide range of clients in nearly every type of situation, including, complex and simple divorces, custody disputes, contentious move away proceedings, modification of child support and custody cases, contempt actions and restraining/protective order proceedings.

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Douglas W. Lewis, Attorney at Law

My philosophy is to treat you with the same care and respect as I would for one of my own family. I am committed to providing a high level of personal care and attention to every aspect of your case until it is resolved. I will work closely with you and provide individualized attention in my aim to resolve your legal challenges in an efficient and cost-effective manner.

Contact Us Today!

If you or someone you know needs an experienced attorney in Gwinnett County or the surrounding counties, then please contact me for a free phone consultation at 770-682-3765.

154 Stone Mountain Street
Lawrenceville, GA 30046
770-682-3765
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