Alpharetta Contested Divorce Lawyer
Many states have moved away from forcing couples to prove that misconduct ended their marriage. These states may offer no-fault grounds to couples who want a divorce, but Georgia has a more traditional scheme, which a divorce attorney can help you understand. Almost all the legal grounds for divorce are fault based, but there is one no-fault ground a couple can cite.
A no-fault divorce is sometimes the best option for many couples, even when fault-based grounds exist. Speak with an Alpharetta no-fault divorce lawyer about the advantages and disadvantages of choosing no-fault divorce.
Grounds for Divorce
If you are seeking a divorce, you must cite a legal reason, or ground, for ending your marriage. The Official Code of Georgia §19-5-3 lists the legally acceptable reasons for a divorce. There are 13 legal grounds, and only one is a no-fault ground.
The no-fault ground allows you to get a divorce when you or your spouse believes your marriage is irretrievably broken. If you cannot cite one of the other 12 grounds, you must use the no-fault option, but you can use the no-fault ground even when there has been marital misconduct.
If you cite the no-fault ground, the family court cannot issue a divorce until 30 days after your spouse receives a copy of the legal filing. However, if you cite a fault-based ground, the proceedings usually take longer to resolve, so you will not delay your divorce by citing no-fault grounds. An Alpharetta family attorney can help you determine whether a no-fault divorce suits your circumstances.
Citing Irretrievable Breakdown Has Advantages
Many couples choose no-fault divorce even when spousal misconduct is a factor in their decision to end their marriage. No-fault divorce offers several advantages.
Because neither you nor your spouse needs to offer proof of the other’s behavior, there is no need for a trial in a no-fault divorce. If you can come to a satisfactory child custody arrangement and property settlement with your spouse, the judge can issue a divorce decree after a brief hearing. Your no-fault divorce can be faster and less expensive than a fault-based one.
A no-fault divorce keeps personal information private. There is no need for an Alpharetta attorney to mention spousal misconduct in the no-fault divorce papers they file. If you choose no-fault divorce, you and your children will not face public humiliation.
Settlements in a No-Fault Divorce
You can seek an uncontested divorce when you cite no-fault grounds and you and your spouse are on the same page about property and child custody issues. You can create a written settlement agreement and parenting plan and submit them to the family court with the divorce papers. This process allows you to complete your divorce within a few weeks, usually with only one court hearing.
Most couples initiate divorce proceedings before they have reached a settlement. When an at-fault spouse is not negotiating in good faith, it is possible to amend the divorce complaint to add a fault-based ground when one exists. Sometimes, an Alpharetta no fault divorce attorney can use the threat of amendment as a bargaining chip to obtain a favorable settlement.
If your divorce goes to trial and the judge must decide property division and child custody issues, proving your spouse’s fault may impact the judge’s decision. However, there is no guarantee that the judge will see the issues the same way as you do. Filing for a no-fault divorce is the less risky strategy in most cases.
Consult an Alpharetta Family Attorney About Fault-Based vs. No-Fault Divorce
The legal grounds cited in your divorce petition greatly impact how your divorce proceedings unfold. Talk to an Alpharetta no-fault divorce lawyer at our firm to learn more about your options and what would best suit your circumstances. Call the Atlanta Divorce Law Group to get started.
