Cherokee County Fault Based Divorce Lawyer
Most couples who divorce cite the irretrievable breakdown of their marriage as the legal reason for the split. When couples cite this ground, neither has to prove the other did anything wrong as long as both agree that the marriage is not fixable.
A no-fault divorce can be appealing because it is usually a faster and less expensive way to dissolve a marriage. Sometimes, however, it makes sense to cite a fault-based ground as the reason to seek a divorce.
Talk to a Cherokee County fault-based divorce lawyer before you decide whether you want a no-fault or a fault-based divorce. They will discuss your situation and your goals with you and let you know which has the most advantages in your specific circumstances.
Potential Drawbacks When You Cite a Fault-Based Ground for Divorce
The law lists multiple fault-based grounds for divorce. In addition to adultery, you could seek a divorce based on cruelty, unmanaged addiction, desertion, incurable insanity, incarceration, and other grounds. If you raise a fault-based ground, you must present evidence proving it in court.
Court records are public, so a fault-based divorce could be embarrassing for you, your spouse, and your children. Compiling the evidence that proves fault could also be emotionally distressing for you and your spouse. Additionally, a fault-based divorce tends to increase animosity between the spouses—it could worsen an already difficult situation for your children.
On the other hand, most divorces settle before a trial, so you might not need to present your evidence of fault in court. Attorneys for the spouses often negotiate on behalf of their clients to achieve a reasonable settlement. Cherokee County requires divorcing couples to go through mediation before a fault-based trial, and many couples resolve their issues with the help of a mediator.
Fault-Based Grounds Might Be Necessary if Safety Is a Concern
When you fear physical violence, verbal threats, or unsafe conditions for your children, you could file for a fault-based divorce citing cruelty, addiction, or criminal activity, as appropriate. If you demonstrate a credible fear, the court can shield your address from official documents, separate you and your spouse at pre-trial conferences, and even issue a protective order directing your spouse not to contact you in person or otherwise.
Citing fault when you file for divorce could add credibility if you hope to limit your children’s contact with your spouse. Submitting proof that your spouse is abusive to your children or does not maintain a safe home could persuade the judge to require supervision for your children’s visits.
Seeking the court’s protection for you and your children is a big step, and you must have acceptable proof that your spouse poses a potential threat. Speak candidly with a Cherokee County fault-based divorce attorney about your concerns. An experienced legal professional from our team can advise you on the best way to proceed in your specific circumstances.
Proving Fault Can Lead to Financial Advantages
Financial considerations are often a motivation to seek a fault-based divorce. When the judge considers how to divide a couple’s property, they might award a larger share to the “innocent” spouse.
Fault can also impact alimony awards. According to the Official Code of Georgia §19-6-1, Cherokee County judges have the discretion to award alimony or not. If your spouse is financially dependent on you but they committed adultery or desertion, the law does not allow a court to award them alimony. If you are the spouse seeking alimony, your spouse’s misconduct might persuade a judge to award you spousal support for a period after your divorce.
Citing a fault-based ground for divorce can be beneficial when your spouse committed marital misconduct and you believe getting a fair settlement will be challenging. The threat of exposing the misconduct could be leverage in negotiations and lead to better results. Discuss your goals with a Cherokee County fault based divorce attorney, who can devise the best strategy to meet them.
Speak With a Cherokee County Attorney When You Consider Fault-Based Divorce
People often hope to keep their divorce civil and amicable, so they file for a no-fault divorce. No-fault divorce works well for many couples, but sometimes there are advantages to citing fault-based grounds.
Talk to a Cherokee County fault-based divorce lawyer when you begin considering a divorce. Our legal professionals can explain the process, the proof you need, and evaluate whether citing fault might have benefits in your specific case. Set up an appointment today.
