Family Law Insights

GA “No-Fault” Divorce Law

Posted on: August 12th, 2013

No-Fault Divorce in GAAlthough with many divorces it seems that one party or the other is very much at fault, there is an option provided for under Georgia law enabling a “no-fault” divorce. If you are wondering whether a “no-fault” divorce would be best for you and your situation, the only way to be sure is to contact an experienced divorce attorney.

Here’s a general overview of the criteria for a no-fault divorce in Georgia. Considered to be the thirteenth ground for divorce in Georgia, GA law established a “no-fault” ground in contrast to the other twelve fault-based grounds for divorce.

The requirement for proving this thirteenth ground is claiming that the marriage is “irretrievably broken”. As such, fault is not assigned to either party for the failure of the marriage, unlike the twelve fault-based grounds, such as adultery, which hold one party responsible. Therefore, there’s not an extensive process necessary to “prove” that the marriage is broken beyond repair; one spouse testifying that it is is enough to satisfy GA law.

An interesting aspect of this testimony as a way to “prove” the brokenness of the marriage is that the other spouse cannot really contest the claim of the other.

Why you might choose a “No-Fault” divorce in Georgia:

Our clients often choose to pursue a “no-fault” divorce because it is often the easiest way to complete the divorce process in Georgia. This is because there is no demanding requirement to provide proof of fault that is necessary with the first 12 grounds for divorce. However, if it is in your best interest to pursue a fault-based divorce, our attorneys may recommend doing so to protect your interests.

For a free consultation on a “no-fault” divorce in Georgia, contact our experienced divorce attorneys today.

Image courtesy afagen on Flickr.

John DiNatale joined Kitchens New Cleghorn, LLC as Of Counsel in January 2018. His practice focuses on family law with expertise in divorce, child support, child custody, modifications, contempt, and prenup…
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