Cherokee County No-Fault Divorce Lawyer
When you decide to get a divorce, you have a lot of decisions to make. One of the first is what grounds you will be citing for your dissolution. The legal reason you cite in your court filing determines whether you have a fault-based or no-fault divorce.
The decision sets the tone for the proceedings and can have a big impact on your divorce, and your life afterward. A Cherokee County no-fault divorce lawyer can explain the advantages and potential disadvantages of this choice and help you make an informed decision. Reach out to our trusted family attorneys today to learn more.
Choose the Appropriate Grounds When You Seek a Divorce
When you file for divorce, you must cite a legal reason, or a ground, that justifies the request for divorce. When your spouse submits an answer to the filing, they can either agree with the ground or deny it. Sometimes, they cite a different reason for divorce in their papers.
The grounds for divorce make a difference in the court proceedings. The Official Code of Georgia §19-5-3 provides 13 legal reasons why a couple could divorce. The no-fault ground is that the marriage is irretrievably broken.
When both of you agree your marriage is irretrievably broken, neither spouse has to prove the other spouse committed wrongdoing. Because there is no need for a Cherokee County divorce attorney to gather and present evidence of fault, no-fault divorces are usually faster and less expensive than fault-based divorces.
No-Fault Divorces Usually Require a Court Process
It is important to understand that a no-fault divorce refers only to the legal grounds you use to seek a dissolution. It does not imply you and your spouse agree on everything. When one spouse files for divorce before there is a settlement in place, their divorce is contested, regardless of the grounds they cite.
When a couple has a no-fault, contested divorce, it means that a Cherokee County attorney can spend their time negotiating a favorable divorce settlement, rather than trying to prove the other spouse guilty of wrongdoing. It is less stressful and acrimonious than pursuing a fault-based divorce.
Some couples spend time before they file for divorce negotiating a settlement. When you agree on a settlement and cite no-fault grounds, you could file for an uncontested divorce. You and your attorney submit a written settlement agreement to the court with the divorce petition. In theory, you could have your divorce decree within several weeks of filing after waiting the mandatory 31 days.
Citing Both Fault-Based and No-Fault Grounds
When there is substantial disagreement about property division, alimony, or issues regarding the children, it is sometimes wise to cite both no-fault and fault-based grounds in a divorce petition. This is a strategic decision.
Some fault-based grounds, if proven, could impact a judge’s decision on financial matters or child custody. For example, if your spouse cheated and spent marital funds on their lover, the judge might make up for the wrongdoing by giving you more of the marital property.
By citing both no-fault and fault-based grounds, there is a threat that you might prove their misconduct in court. Most people want to avoid that outcome and might be more willing to negotiate and agree to a more generous settlement than they might otherwise. If you believe you could prove fault-based grounds against your spouse, ask a Cherokee County family attorney whether citing both fault-based and no-fault grounds might be wise in your divorce case.
Discuss No-Fault Divorce With a Cherokee County Attorney
If you want to keep your divorce proceedings as simple as possible, no-fault grounds are the way to go. With no need to prove wrongdoing, you can focus on achieving a fair settlement.
A Cherokee County no-fault divorce lawyer can help you achieve your goal of a swift, amicable, and fair divorce. Call now to speak with a knowledgeable legal professional.
