Milton Fault-Based Divorce Lawyer

People get divorced for many reasons. Often, a couple just grows apart, or the two spouses have differing priorities for their lives. Sometimes, one spouse’s misconduct leads to the divorce.

When misconduct ends a marriage, the innocent spouse can cite it when petitioning for a divorce. There are advantages and disadvantages to doing so. If you are in this situation, you should discuss these pros and cons with an experienced attorney. A Milton fault-based divorce lawyer at our firm can help you determine the strategy that will help you best meet your goals in the divorce.

Grounds for Divorce Based on Fault

A couple can get a divorce if their marriage is irretrievably broken. Georgia family courts do not need any proof to grant a divorce on this ground. Couples who want quick and amicable divorces often cite it, even when there has been marital misconduct that would be legal grounds for divorce.

The Official Code of Georgia § 19-5-3 provides numerous fault-based grounds for divorce. These include:

• Abandonment;
• Adultery;
• Cruelty;
• Duress or fraud;
• Habitual abuse of alcohol or drugs;
• Impotence;
• Incurable insanity;
• Pregnancy on the date of marriage by someone other than the husband.

A conviction for a crime of moral turpitude that carries a sentence of at least two years is another allowable fault-based ground for divorce.

You should make your Milton divorce attorney aware of marital misconduct by your spouse that could serve as a basis for citing fault. You and your lawyer can decide whether there is a strategic benefit to doing so when you file your divorce papers.

Reasons To Cite a Fault-Based Ground

A fault-based divorce adds stress and legal complexity to the proceedings, which many couples wish to avoid. However, there can be compelling reasons to cite a fault-based ground.

Potential exposure of embarrassing information can motivate your spouse to be more reasonable or cooperative in settlement negotiations. Divorce proceedings are public. Your spouse may not want their misconduct discussed in Georgia court papers.

In addition, a Georgia family court judge can consider fault when deciding property division, alimony, and child custody issues. When these issues come before the judge for a decision, citing spousal misconduct can possibly tip the scales in your favor. A Milton family law attorney can advise you about whether citing fault is likely to be an effective strategy in your divorce.

Proving Marital Misconduct

When you cite a fault-based ground for divorce, you must have proof to back it up. Georgia family court judges will not tolerate false allegations. They can punish false accusers when making custody and property division decisions. If you falsely accuse your spouse of misconduct in Georgia court papers, you may also face perjury charges.

Direct evidence is best if it is available. This includes documents and photographs. A skilled legal professional can prove fault in a divorce with circumstantial evidence when direct evidence is not available. Your evidence must be sufficient to convince a Georgia family court judge that it is more likely than not that your spouse committed misconduct.

You must legally obtain any evidence you present. If you have hired our firm, you should be candid with our Milton legal team about how you acquired evidence of spousal misconduct that you want to use to prove fault. The evidence’s admissibility will have an impact on your legal strategy.

Consult Our Milton Attorneys If You Are Considering a Fault-Based Divorce

If you can prove your spouse’s misconduct ended your marriage, you can seek a fault-based divorce. This type of divorce usually takes longer and can be more stressful and expensive than a no-fault divorce. Sometimes a fault-based divorce’s advantages outweigh its disadvantages, though.

If you hire a Milton fault-based divorce lawyer at our firm, we can use evidence of your spouse’s misconduct to help you achieve your objectives in your divorce. Call us today for a consultation with a member of our team, and then decide whether you want us to represent you.