Fault and No-Fault DivorcesWritten on June 28, 2016
Divorce can be an emotionally upsetting and turbulent process. It can be even more troubling to have to state the ground on which you are filing for divorce. Acceptable reasons for an at-fault divorce include adultery, desertion/abandonment, cruelty or domestic violence, impotence, alcohol or drug abuse, bigamy, and criminal conviction (with or without imprisonment). When filing for a fault divorce, you are required to provide evidence of the misconduct of your spouse.
However, in the state of Georgia (as in most states), no-fault divorce options are offered in which the only ground necessary for filing is that the marriage has “irreconcilable differences” or that the relationship is irretrievably broken. In a nutshell, a no-fault divorce basically means that neither party is solely to blame for the breakdown of the marriage.
No-fault divorce cases are often more straight-forward, less expensive, and are handled more quickly than fault divorces. However, that may not be the correct action you want to take, especially if, for example, there was sexual misconduct on your spouse’s behalf, which may sway the decision of the court when it comes to dividing property and deciding on child custody and alimony.
Bottom line: whether you and your spouse have a very friendly parting of ways (or the exact opposite), you both need an attorney on your side to protect your rights, your assets, and your children. Call us today for a free consultation. We will get to know you and help walk you through this difficult time.