Gwinnett County Fault-Based Divorce Lawyer
A family court will issue a divorce in Georgia on fault-based grounds or no-fault grounds. No-fault divorces are often less stressful and less expensive because you do not have to prove your spouse’s misconduct. Even still, there are often solid reasons for pursuing a fault-based divorce.
Speak with a Gwinnett County fault-based divorce lawyer about proving wrongdoing in a divorce case. Our team can explain the advantages and disadvantages of seeking a divorce based on fault. If you decide to go forward, the family law attorneys at our firm are skilled litigators who will aggressively pursue your fault-based divorce.
Several Fault-Based Grounds Are Available
The Official Code of Georgia §19-5-3 lists the grounds for divorce. The law provides several grounds that invalidate a marriage from the beginning. Childless couples who can prove that there was a legal impediment to their union when they married could investigate getting an annulment, which might offer a more streamlined procedure.
If you believe your marriage was invalid from the beginning but you have children, you must seek a divorce and could cite the reason that makes the marriage invalid. When you had a valid marriage, but your spouse’s conduct caused the marriage to fail, you could cite a fault-based ground with the help of a Gwinnett County attorney.
Conduct That Can End a Marriage
Adultery is the most common reason people seek a fault-based divorce. If you pursue a divorce citing adultery, you do not necessarily need photographs of the couple in the act. Circumstantial evidence like appointment calendars, hotel receipts, text messages, and similar evidence is often sufficient. Our Gwinnett County fault-based divorce attorneys can explain whether hiring a private detective or taking other measures will be necessary. The other 12 fault-based grounds for divorce in Georgia include:
- Incest;
- Impotence;
- Willful desertion;
- Habitual drunkenness;
- Alcoholism or drug addiction;
- Confinement for incurable insanity;
- Separation caused by mental illness;
- Spouse lacked mental capacity to consent;
- Consent to marriage was obtained by fraud, coercion, or force;
- Imprisonment of over two years for an offense involving moral turpitude;
- Cruel treatment which endangers the life of the spouse;
- The wife was pregnant by another man at the time of marriage, unknown to the husband.
You can file for divorce under more than one ground: for instance, adultery and desertion.
Benefits of Seeking a Fault-Based Divorce
Seeking a fault-based divorce can delay the proceedings and increase animosity between the spouses. However, there are sometimes good reasons to make this choice.
When your spouse’s addictions or abuse endanger your children, seeking a fault-based divorce is a way to protect them. When a judge has evidence that a parent cannot provide a safe environment for children, they may award sole custody to the other parent and allow only limited visitation. You could also ask the judge to require that another adult, like a social worker, supervise visits to ensure the children’s safety.
Proving fault could also be financially beneficial. Judges have the discretion to consider any information they think is relevant when deciding on property division and alimony. When you can prove your spouse’s misconduct is the reason your marriage failed, a judge might award you a more significant percentage of the marital property or order alimony for a longer period. Judges are most likely to take your spouse’s misconduct into consideration when your Gwinnett County fault-based divorce attorney can prove your spouse wasted marital assets.
Consult a Gwinnett County Attorney When Considering a Fault-Based Divorce
Although most couples seek a no-fault divorce, there are situations when pursuing a divorce on fault-based grounds is a wise strategy. Talk the matter through with a skilled and experienced family law litigator before you decide.
The Gwinnett County fault-based divorce lawyers at our firm will advocate fiercely to prove your spouse’s misconduct ended your marriage. Reach out to a member of the team today.
