Getting a divorce is often difficult from both an emotional and a practical perspective. Many people may need to come to terms with the end of their marriage and, at the same time, worry about legal filings or court appearances.

The good news is that a Fulton County divorce lawyer is available to assist you with the legal aspects of your divorce. A skilled attorney could review your current situation and talk to you about the divorce process and what to expect. We could also represent you in court to help ensure your rights are protected. Our attorneys are familiar with Georgia divorce law and will work to achieve a positive outcome on your behalf.

Obtaining a Divorce

To obtain a divorce in Georgia, an individual must file a divorce petition claiming one of the statutory grounds for divorce set forth in Official Code of Georgia Annotated §19-5-3, a list which includes:

  • Adultery
  • Abandonment for one year or more
  • Cruel treatment, including the intentional infliction of bodily or mental harm
  • Habitual intoxication or drug addiction
  • Irretrievable breakdown of the marriage

After an individual files this petition, their spouse may, if they wish, file a written demand for a detailed statement of the facts to explain the grounds upon which the petition is based, according to O.C.G.A. §19-5-5. In other words, the other spouse may request that the party filing the petition set forth the facts and reasons for claiming divorce. Such a request must be made before trial, as per O.C.G.A. §19-5-5.

Divorces Based on Fault

Divorce in Fulton County, Georgia may be based on the fault of one spouse. Such divorce petitions often claim grounds such as cruel treatment or adultery. In these instances, however, the spouse responding to the divorce petition may defend themselves on any of the following grounds, according to O.C.G.A. §19-5-4:

  • Collusion
  • Consent
  • Guilt of like conduct
  • Condonation

All these defenses generally claim that the petitioning spouse acquiesced to, or participated in, the wrongful conduct. For example, an individual accused of adultery may claim that their spouse consented to their conduct. They may also accuse their spouse of engaging in adultery as well.

Alternatively, they may claim that their spouse knew about the adultery, condoned it, and continued to live with them afterwards. In all such situations, a court would refuse to grant a divorce, as per O.C.G.A. §19-5-4. For more information on fault-based divorces contact a Fulton County divorce lawyer.

Faultless Dissolution of Marriage

Conversely, an individual may petition for divorce without alleging any specific fault on the part of their spouse. To do so, they may claim that there has been an irretrievable breakdown of their marriage. In these proceedings, a court must wait at least 30 days before granting a divorce decree, according to O.C.G.A. §19-5-3.

However, there are no codified defenses for a divorce based on an irretrievable breakdown of the marriage. As a result, such divorces may proceed more quickly and easily than fault-based divorces. A divorce lawyer in Fulton County may be able to provide more information and advice on an individual’s specific situation.

Get in Touch with a Fulton County Divorce Attorneys Today

Divorces can be mentally and physically draining even under the best circumstances. In many situations, divorcing spouses spend a great deal of energy trying to understand and comply with divorce procedures and laws. Hiring a qualified attorney, however, could save you both time and energy.

A Fulton County divorce lawyer is here to help you with your divorce. Our attorneys are familiar with Georgia divorce laws and could answer any questions you may have on the divorce process. We could also assist you in preparing any court filings or petitions you may need. Call our firm today to get started on your case.

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