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Grounds for divorce in Georgia: Filing fault or no-fault divorce

On Behalf of | Sep 7, 2018 | Uncategorized

After years of marriage, you and your spouse no longer can salvage your relationship. Due to various relationship problems, you determine that you should file divorce. You believe your children, your health and your spouse’s well-being will all benefit from separation.

Filing no-fault divorce in Georgia

Two ways to divorce exist in Georgia. No-fault divorces provide the opportunity to divorce when no individual spouse or single action lead to the demise of your marriage. No-fault divorces usually cite irreconcilable differences when filed, meaning that you and your spouse simply no longer get along or cannot accurately engage in marital behavior.

In no-fault divorces, Georgia judges often grant joint custody to the individual spouses for their children, and use the process of equitable distribution to fairly split assets without taking other behaviors or actions of either spouse into consideration.

Filing fault-based divorce in Georgia

Unlike no-fault divorces, fault-based divorces require the indication that an action or inaction of your spouse irrevocably damaged your marriage, and due to their fault, you no longer wish to be married. Georgia is one of the few states that still allows for fault-based divorces.

Grounds for fault-based divorces do not include irreconcilable differences. The grounds for divorce in Georgia are unique to the state, and they cite individual problems with marriages. Eligible grounds for divorce include the following marriage-ending occurrences.

  1. The marriage consisted of blood relatives
  2. Your spouse was mentally incapacitated at the time of marriage
  3. Your spouse was impotent at the time of marriage
  4. Your marriage began by:
    • Force
    • Menace
    • Duress
    • Fraud
  5. Your spouse became pregnant by another individual
  6. Your spouse committed adultery
  7. Your spouse deserted you for at least one year
  8. Your spouse was sentenced to two or more years in jail
  9. Your spouse was an alcoholic
  10. Your spouse cruelly treated you
  11. Your spouse had an incurable mental illness
  12. Your spouse was addicted to drugs

The implications of filing a fault-based divorce

Because Georgia allows for fault-based divorce filings, you have the opportunity to blame your spouse for your broken marriage. Doing so, you may receive more asset distribution and more custody based on the fault implied in the marriage. If your spouse is addicted to drugs or alcohol, a court will most likely award you more custody of your children and assets to sustain them.

Because evidence is involved with the process of fault-based divorces, the process may be extremely lengthy. You want to determine if filing a no-fault or a fault-based divorce will prove best for your individual separation. Speaking with an experienced attorney may guide you in the right direction and provide you with the best representation in Georgia court.

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