Marietta No-Fault Divorce Lawyer
One of the first questions you must decide when planning to get a divorce is whether to cite fault-based or no-fault grounds. The decision has a significant impact on how the divorce will proceed.
Speak with a Marietta no-fault divorce lawyer to understand the differences between fault-based and no-fault divorce. Our attorneys can help you make an informed decision and choose the strategy that is right for you.
Legal Grounds for Divorce
A marriage is a legal relationship, and a couple cannot end it without an acceptable reason. A party filing for divorce must cite a legal reason, or ground, that justifies a family court in dissolving a marriage.
The Official Code of Georgia § 19-5-3 sets out the acceptable grounds for a divorce in the state. There are multiple fault-based grounds, such as adultery, abandonment, and cruelty. A spouse wishing to cite a no-fault ground must assert the marriage is irretrievably broken.
A spouse citing the no-fault ground for divorce need not prove their marriage is broken. The fact that they believe it is broken is adequate legal justification for a divorce. Our family law attorneys in Marietta may recommend citing the no-fault ground when you wish for a speedy and amicable divorce.
Distinguishing No-Fault From Uncontested Divorce
There is a misconception that no-fault divorce is only for couples who have settled their differences. That is untrue. A no-fault divorce means only that the couple has cited an irretrievably broken marriage as the legal grounds for the proceedings.
When a couple has reached a settlement on all relevant issues before either of them files for divorce, they can seek an uncontested divorce. Their divorce pleadings must cite the no-fault ground, and they must include their settlement with the initial divorce pleading. Georgia courts can issue a no-fault divorce within a few weeks of the filing.
More often, one of the spouses files for divorce before the couple has reached a settlement. Citing the no-fault ground in a contested divorce simplifies the proceedings because a Marietta attorney need not prove that the other spouse committed marital misconduct.
Benefits of No-Fault Divorce
The events leading up to a decision to divorce can cause bitterness and emotional strain. Sometimes when there has been marital misconduct, the innocent spouse wants an opportunity to punish the other. These feelings are understandable, but there are many disadvantages to citing a fault-based ground for divorce.
One of the most obvious disadvantages is that proving a spouse’s misconduct requires substantial time in court, delaying the divorce and the opportunity to start fresh. A litigated divorce is also considerably more expensive than a divorce that settles before a trial. A divorce litigation attorney could spend weeks or even months preparing for a divorce trial, and legal fees can add up quickly.
Preserving a civil relationship between you and your spouse is another reason to seriously consider no-fault divorce. Fault- based divorces require you and your spouse to focus on what went wrong with the marriage, which can increase bitterness, anger, and hostility. A no-fault divorce acknowledges that the marriage no longer works but does not focus so much on why, which frees you, your spouse, and your children to move forward. A Marietta no-fault divorce attorney could help explain the benefits in more detail.
Consult a Marietta Attorney About No-Fault Divorce
The decision whether to choose fault-based or no-fault grounds for divorce can have an impact for years to come. Choosing wisely is critical.
Our Marietta no-fault divorce lawyers can review your reasons for divorcing and your goals for your life post-divorce, and help you make an informed decision. Get started today.
