Contested Divorce in Georgia: Discovery, Trial & Final Ruling

Quick answer: A contested divorce in Georgia is one where the spouses have not agreed on every issue, so the Superior Court decides what they cannot settle. The case usually moves through a temporary hearing, discovery (the formal exchange of financial records and information), mediation, and, if it still has not settled, a final hearing or trial where witnesses testify and the judge rules. Child custody is always decided by the judge. Most contested cases settle before trial, often at mediation.

This guide walks through each stage of a contested divorce in Columbus and the rest of the Chattahoochee Judicial Circuit, and what you can do at each one to protect your case.

Table of Contents

The Stages of a Contested Divorce

Complaint and answer. One spouse files; the other is served and has 30 days to answer and raise their own claims.
Temporary hearing. The judge can set temporary custody, child support, alimony and use of the house while the case is pending. See temporary hearings and pre-trial motions.
Discovery. Each side gathers the information needed to value property, calculate support and prove its claims.
Mediation. A neutral mediator helps the spouses negotiate. Many contested cases resolve here.
Final hearing or trial. Witnesses testify, exhibits are admitted, and the court decides the remaining issues.
Final judgment and decree. The judge signs the decree, which ends the marriage and sets out every obligation going forward.

Discovery: Getting the Facts on the Record

Discovery is the formal process, under Georgia’s Civil Practice Act, for getting information from the other side. The main tools are:

Interrogatories: written questions answered under oath.
Requests for production: demands for documents such as tax returns, bank and credit card statements, retirement statements and business records.
Requests for admission: statements the other side must admit or deny. Under O.C.G.A. § 9-11-36, a request that is not answered on time is treated as admitted.
Depositions: questioning under oath before trial, recorded by a court reporter.

Every party in a Georgia divorce involving money issues must also prepare a domestic relations financial affidavit. In the Chattahoochee Judicial Circuit, the standing order requires financial affidavits and child support worksheets to be served at least five days before any hearing or mediation on financial issues.

Discovery often turns up accounts, income or debts one spouse did not know about. A party who refuses to respond can be sanctioned by the court, including orders compelling answers, attorney’s fees, or limits on what that party can prove at trial.

Witnesses: Who Testifies and Why It Matters

When a judge has to decide between two different accounts of a marriage, witnesses often make the difference. There are two kinds:

Fact witnesses testify about what they personally saw or heard: a teacher who knows which parent attends school conferences, a neighbor who saw who handled the daily routine, a relative who witnessed a specific event. Witnesses without a stake in the outcome are often the most persuasive.
Opinion witnesses (often called expert witnesses) explain technical issues: an appraiser valuing the house, a financial professional tracing accounts or valuing a business, or a psychologist who evaluated the family.

In custody disputes, the court may appoint a guardian ad litem to investigate and make recommendations about the children, or order a custody evaluation. Cooperating fully with both, and making your witnesses available to the guardian, strengthens the record the judge will rely on. A witness who is willing but worried about missing work can be served with a subpoena, which is a court directive to appear.

Testifying in Your Own Divorce

Your own testimony is usually the most important evidence in your case, and credibility is everything. Judges see many witnesses, and they notice when someone shades the truth.

Tell the truth, including the facts that do not help you. Your lawyer can deal with a bad fact; a judge’s lost trust is much harder to repair.
Listen to the whole question, pause, and answer only that question.
Keep answers short and specific. If you do not know or do not remember, say so instead of guessing.
Stay calm on cross-examination. Arguing with the other lawyer rarely helps.
Focus on facts that matter to the issues: the children’s needs, finances and contributions to the marriage.

The Judge and the Courtroom

Georgia divorces are heard in Superior Court. In this area that means the Superior Courts of the Chattahoochee Judicial Circuit, which covers Muscogee, Harris, Chattahoochee, Marion, Talbot and Taylor Counties. Either spouse can ask for a jury to decide some financial issues, such as property division and alimony, but child custody is always decided by the judge.

Judges evaluate credibility from the moment you walk in, so courtroom conduct matters:

Address the judge as “Your Honor” and stand when speaking to the court.
Never interrupt the judge, the lawyers or your spouse, even when you disagree with what is being said.
Stay composed while the other side testifies; visible reactions cost credibility.
Dress as you would for an important job interview.

Superior Court hearings are generally open to the public. Watching another hearing before your own is an easy way to make the courtroom less intimidating.

The Final Ruling

At the end of a trial, the judge may rule from the bench and direct one lawyer to prepare the written final judgment and decree, or may take the case under advisement and issue a written ruling later. Taking time to rule says nothing about who will win. Once the judge signs the final decree, the marriage is dissolved and the decree’s terms on custody, support, property and debt become enforceable court orders.

Expect a fair division rather than a total win. Georgia divides property equitably, and judges rarely cut a parent out of a child’s life. If a spouse later ignores the decree, it can be enforced through contempt. Appeals in Georgia divorce cases generally require an application for permission to appeal, filed within 30 days after the judgment is entered, so talk to your lawyer promptly if you believe the court made a legal error.

Settlement Is Possible at Every Stage

Every issue the spouses settle is one the judge never has to decide. Most contested Georgia divorces resolve before trial, frequently at mediation, and some couples move to a collaborative process. The sound approach is to prepare thoroughly for court while staying open to a reasonable agreement.

Talk With Scot Sikes

If your divorce is heading toward a contested hearing or trial, Scot Sikes can explain each stage, prepare you and your witnesses, and keep looking for a sensible settlement along the way. Consultations with Scot Sikes are $200. Call 706-494-6900 or send the office a message to schedule.

Frequently Asked Questions

What makes a divorce contested in Georgia?

A divorce is contested when the spouses do not agree on every issue, such as custody, child support, alimony, property or debt. The court decides any issue the spouses cannot settle.

Does a judge or jury decide custody in Georgia?

The judge. Georgia law does not allow a jury to decide child custody. A jury can be requested on some financial issues, such as alimony and property division.

What happens if my spouse won’t answer discovery?

Your lawyer can file a motion to compel. The court can order answers, award attorney’s fees, and in serious cases limit what the non-answering spouse can prove. Requests for admission that are not answered on time are treated as admitted.

How long does a contested divorce take in Georgia?

Usually many months, and sometimes a year or more, depending on the issues, discovery and the court’s calendar. Settling some or all issues at mediation shortens the case.

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About the author. Scot Sikes founded the Law Offices of Scot Sikes in Columbus, Georgia, in 2006. He earned his J.D. at Mercer University’s Walter F. George School of Law, was admitted to the State Bar of Georgia in 1999, and served as an Army judge advocate (trial counsel, Senior Defense Counsel and Deputy Staff Judge Advocate) before retiring from the U.S. Army Reserve as a lieutenant colonel in 2017. His practice centers on family law, military divorce and military family law in the Chattahoochee Judicial Circuit, and courts have qualified him as an expert witness on dividing military property in divorce. Read Scot Sikes’s full profile. Law Offices of Scot Sikes, 5 Bradley Park Court, Suite 101, Columbus, GA 31904 · 706-494-6900.

Last updated November 2026. Sources: O.C.G.A. §§ 9-11-26 through 9-11-37 (discovery and sanctions); O.C.G.A. § 9-11-36 (requests for admission); Uniform Superior Court Rule 24.2 (financial affidavits); Chattahoochee Judicial Circuit Standing Order, Civil Action/Domestic Relations (Ex Parte No. 2025-229); O.C.G.A. § 19-9-3 (custody decided by the judge); O.C.G.A. § 5-6-35 (applications to appeal in domestic relations cases). This page is general information about Georgia law, not legal advice for your situation.

Contested Divorce in Georgia: What to Expect From Discovery to the Final Ruling