Divorce may understandably feel like an invasion of privacy. Divorcing spouses often become contentious and overwhelmed during this process. To avoid contention, it may be in your best interest to discuss with a lawyer the most strategic way to file for divorce. A qualified attorney from our firm can explain the available grounds for divorce in Alpharetta and provide objective legal advice on how to best proceed.
Georgia law recognizes 13 grounds to file for divorce, including habitual intoxication, unlawful intermarriage with a close family member, incurable mental illness, habitual drug addiction, and impotence at the time of the wedding. However, most divorces in our area are granted based on adultery, desertion, domestic violence, and an irretrievably broken marriage.
Adultery is characterized by having sexual intercourse with someone other than your spouse. A person who is separated can still commit adultery against their spouse under this definition. Direct or circumstantial evidence may be submitted to prove an act of adultery.
Desertion occurs when either spouse refuses to cohabitate for at least one year before filing for divorce. It is characterized by an intent to separate and is considered unjustified. Involuntary leaves of absence, such as military deployment or job relocation, are not considered desertion.
State law defines cruel treatment as the wanton, malicious, and unnecessary infliction of pain on another person. Family violence is cruel treatment by a member of the same household. A local attorney can help determine if any fault-based grounds related to domestic abuse apply in your divorce case.
Most divorces in our area are filed on no-fault grounds. For example, divorcing couples may obtain a divorce on the ground that their marriage is irretrievably broken. In other words, you may request the termination of your marriage if your marital differences are unresolvable and reconciliation is hopeless.
Both spouses do not have to agree that the marriage is irretrievably broken. It is sufficient for one party to file a divorce on this ground and testify that reconciliation is not possible. The other party cannot prevent the divorce from taking place by testifying that they can reconcile.
Local courts process fault-based and no-fault divorces differently. For instance, a finding of fault can impact a judge’s decision on property division or the award of spousal support. Under Georgia law, an at-fault spouse who commits adultery or deserts their partner may not be entitled to alimony if their infidelity or desertion is the reason for the divorce.
It’s crucial to understand how adultery or other marital misconduct could affect the outcome of your divorce case and your future thereafter. An accomplished Alpharetta attorney from our team can review your divorce case and determine whether fault-based grounds are applicable.
Regardless of the grounds for a divorce, this process affects every member of a family. We can help analyze your marital issues and choose a ground to file that serves your best interests.
A knowledgeable attorney can recommend strategic grounds for divorce in Alpharetta and negotiate a favorable outcome on your behalf. Call our intake team today to discuss your case.