Family Law Insights

Understanding Georgia No-Fault Divorce Law

Posted on: August 12th, 2013

If you are considering a divorce in Georgia, you probably have some substantial reasons for doing so. However, you might also have heard of something called a “No-Fault Divorce”, which is provided for under Georgia law. A practiced divorce lawyer can discuss with you whether a Georgia “No-Fault Divorce” is right for you and your particular situation, but in the meantime, here are the general principles you need to know.

Georgia law has thirteen grounds for divorce total, which will be explored in a later post, but for the time being, we will look solely at the last, thirteenth ground for divorce in Georgia. The only requirement in filing for this last ground for divorce in Georgia is an individual’s claim that their marriage is “irretrievably broken.” Therefore, it is known as a “No-Fault Divorce” because an individual does not need to show proof of any particular fault that warranted divorce.

So what does it mean that a marriage is “irretrievably broken”? According to Georgia law, one must demonstrate that there is no hope of the marriage being reconciled. This means that a spouse has to prove that the couple has no chance of working things out and staying together. But how does one spouse actually prove this? Under Georgia law, all that is required to prove the “irretrievably broken” nature of a marriage is the testimony of one spouse, which has an interesting side effect. This means that even if the other spouse disagrees, he or she cannot stop the divorce.
“No-Fault” Divorces are utilized very regularly for the very reason that they do not require proof of a specific grounds of divorce in Georgia, or, in other words, fault. If you are considering a divorce in Georgia and need a lawyer to consult with regarding whether or not a “No-Fault Divorce” is in your best interests, look for an experienced legal professional with good ratings and reviews.

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