In Georgia, spouses may seek a no-fault or a fault-based divorce. Determining the right option for your situation can impact how your divorce will proceed and what you can expect during divorce proceedings. If you are considering divorce, a Buckhead no-fault divorce lawyer may be able to help.
Choosing to end your marriage and start a new chapter is one of life’s biggest decisions. At our firm, we understand that this is a major step, and we are here to offer you the skilled and compassionate support you and your family deserve. Contact an empathetic family law attorney now.
A no-fault divorce is a divorce based on the premise that the marriage is irretrievably broken, or that the spouses have irreconcilable differences. In these divorces, the petitioning spouse does not need to prove that the other spouse is to blame for the marriage ending.
On the other hand, a fault-based divorce is based on the wrongdoing of one spouse. There are 12 recognized bases for fault-based divorce. In a fault-based divorce, the petitioning spouse has the burden of proving that the other spouse committed some form of marital malfeasance.
No-fault divorces are some of the most common divorces. It is also typically a much simpler and quicker divorce process than fault-based divorce. Additionally, there is no burden of proof for a no-fault divorce. In either case, even a no-fault divorce can quickly turn contentious, so having skilled legal help from a Buckhead attorney can be beneficial.
There are several steps to file for no-fault divorce with your attorney in Buckhead. First, you or your spouse will need to meet the residency requirement. A divorce may only be filed in Georgia if at least one spouse has lived in the state for six months or more.
The petitioning spouse will need to file a complaint in the Georgia Superior Court of the county where they or their spouse resides. The complaint, known as a petition for divorce, will need to state that it is a no-fault divorce, provide identifying information for both parties, and outline requests to the Georgia court.
At the time of filing, you will need to pay the filing fee and then have the complaint served on your spouse. Service will include the complaint and a summons. Your spouse then has 30 days to respond to the divorce petition.
After you have filed for divorce and your spouse has been served, several things will occur. First, your spouse will answer the divorce petition. In their answer, they will address the issues outlined in the complaint and make their requests to the Georgia court. If they fail to answer, this will result in a default divorce.
Second, the Georgia court may impose temporary orders during the pendency of the divorce. These orders may address issues like child placement, assets, and residency. These orders help to set expectations between the spouses and establish a status quo until the divorce is finalized.
Finally, there will be several hearings and meetings between the parties. These hearings and meetings will help to determine issues regarding division of property, child custody, and alimony. No fault divorce attorneys in Buckhead can help to navigate these issues, resolve conflicts, and represent your interests.
A Buckhead no-fault divorce lawyer can offer you empathetic legal support. Navigating the Georgia family courts can be challenging and emotionally overwhelming. The support of a compassionate legal team can make all the difference.
At our family law firm, we understand that your future may seem uncertain. Our team prides itself on being human and sensitive to your situation. If you have questions about no-fault divorce, do not hesitate to contact us.