Gwinnett County No-Fault Divorce Lawyer
No-fault divorce is a term that is sometimes misunderstood. It does not mean that both spouses are innocent. It means a couple has chosen to seek a divorce without proving the other committed marital misconduct.
A no-fault divorce can be the right choice, even when ample evidence supports a fault-based ground. No-fault divorces are often faster and less expensive than fault-based divorces because there is no need for an attorney to collect and present evidence of spousal misconduct. Additionally, when you are hoping for an amicable divorce, citing no-fault grounds tends to keep the emotional temperature lower.
Speak with a Gwinnett County no-fault divorce lawyer when you begin considering divorce. They can explain the options, learn your goals, and devise a strategy to meet your objectives.
Citing the No-Fault Ground
The Official Code of Georgia §19-5-3 sets forth the grounds for divorce in the state. There are twelve fault-based grounds and only one no-fault ground—the marriage is irretrievably broken.
You do not have to prove anything when you file a divorce petition that cites the irretrievable breakdown of the marriage as your grounds for divorce. The fact that you believe your marriage cannot be saved is enough.
There are sometimes strategic advantages to citing a fault-based ground. You must decide whether the potential benefits are worth the delay, legal costs, and emotional impact of proving fault. Your Gwinnett County no-fault divorce attorney can help you decide.
Uncontested Divorces Require No-Fault Grounds
Couples who agree about the issues they must resolve to end their marriage can seek an uncontested divorce. An uncontested divorce is not possible when a couple cites a fault-based ground. Your Gwinnett County attorney will need to collect evidence you can present in court proving your spouse’s fault. Citing the no-fault ground allows you to avoid this.
A couple is eligible for an uncontested divorce when they submit written agreements covering property division, alimony, child custody, and child support to the court with their divorce petition. The family court will review the agreements to ensure they meet legal requirements. If you have children, the judge will evaluate your proposed custody and child support arrangements to ensure they support the best interests of your children. If the judge approves the agreements, the family court will incorporate them into your divorce decree, and your divorce could be final within a few weeks.
No-Fault Divorces Can Be Contested
Divorces citing no-fault grounds are often contested. A contested divorce means that you and your spouse still have disagreements about property division, alimony, or issues regarding the children when you file for divorce.
When you use a no-fault ground in your contested divorce, you narrow the scope of the work your Gwinnett County attorney must do. They can focus on helping you reach an agreement on your outstanding issues and presenting your side of the argument to the court if necessary.
In contrast, if you cite a fault-based ground, a legal professional must spend time and effort accumulating evidence of spousal misconduct in addition to working on your divorce settlement. Using no-fault grounds makes for a quicker and easier divorce process, even when you and your spouse have deep disagreements about other issues.
Consult a Gwinnett County Attorney About No-Fault Divorce
When you are angry at your spouse for behaving badly in your marriage, it is natural to want to embarrass them in court. However, it is not always the best strategy over the long term. A Gwinnet County no-fault divorce lawyer can go over the pros and cons with you.
When you hope for an amicable divorce, citing the no-fault ground allows you to focus on reaching a fair settlement rather than your spouse’s wrongdoing. The process is generally faster, less expensive, and much less stressful.
When you are ready to end your marriage, contact the team at Atlanta Divorce Law Group to schedule a consultation today.
