Buckhead Fault-Based Divorce Lawyer

In Georgia, spouses can pursue either a fault-based or no-fault divorce. Determining whether you have grounds to file for a fault-based divorce—and whether it is the right approach for your circumstances—can be a complex process. This decision can significantly influence the way your divorce unfolds, impacting everything from asset division to alimony arrangements. If you are considering divorce, consulting with an experienced Buckhead fault-based divorce lawyer can provide valuable insight.

When a spouse’s misconduct contributes to the breakdown of the marriage, emotions often run high, making the decision to pursue a fault-based divorce even more challenging. Our empathetic family law team understands the emotional toll this process can take. We are committed to providing compassionate, personalized support while advocating for your best interests. If you need assistance navigating this difficult decision, do not hesitate to reach out to our firm for skilled legal guidance.

Fault-Based Divorce Defined

A fault-based divorce is based on the serious wrongdoing of one spouse. In Georgia, there are 12 recognized bases for fault-based divorce. The petitioning spouse has the burden of proving that the other spouse committed some form of marital malfeasance outlined in the statute.

Some recognized grounds include habitual drug addiction or intoxication, incurable mental illness, and cruel treatment. Other grounds are based on circumstances existing at the time of marriage, like intermarriage of close family members; force, duress, or menace; mental incapacity; impotency; and pregnancy by someone other than the spouse.

On the other hand, a no-fault divorce is a divorce that may be obtained if the marriage is irretrievably broken or if the spouses have irreconcilable differences. In other words, the petitioning spouse does not need to prove that the other spouse is to blame for the marriage ending, and there is no burden of proof.

How to File for Fault-Based Divorce

Filing for a fault-based divorce with an attorney in Buckhead is more complex than no-fault. The petitioning spouse will need to file a complaint in the Georgia Superior Court of the county where they or their spouse resides. One spouse must have resided in that county for at least six months.

The complaint, known as a petition for divorce, will need to state the grounds for the divorce, provide identifying information for both parties, and outline requests to the Georgia court. A filing fee must accompany the complaint.

The petition for divorce must then be served on the other spouse. Service will include the complaint and a summons. The responding spouse then has 30 days to answer the divorce petition.

What to Expect During a Fault-Based Divorce

After filing and service, several things will happen. First, your spouse will answer the complaint. In the answer, they will respond to the issues outlined in the complaint and make their requests to the Georgia court. If they fail to answer the divorce petition, this will result in a default divorce.

The divorce will then move into the discovery phase. In a fault-based divorce, this phase is critical because the parties will be gathering evidence regarding the grounds for divorce. Information regarding property, assets, and other marital issues will also be gathered.

Finally, there will be meetings between the parties and conferences with the court. These meetings will help to determine issues regarding division of assets, property, and child custody. The court will also need to make a ruling on fault if a divorce settlement is not reached and will issue rulings on other matters like custody, property division, and support. A Buckhead fault-based divorce attorney is the best ally to have during this time.

Contact a Buckhead Fault-Based Divorce Attorney

A Buckhead fault-based divorce lawyer can offer you skilled legal support. At the Atlanta Divorce Law Group, we understand that pursuing a fault-based divorce may be emotionally overwhelming. The support of an empathetic Georgia family lawyer can help.

We know that you are facing challenging times. Our family law team prides itself on providing experienced and sensitive legal services. If you have questions, contact us now to schedule a consultation.

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