Suwanee Fault-Based Divorce Lawyer
Most people seeking the dissolution of a marriage do so through a “no-fault” divorce. In this type of divorce, the parties are not required to argue over who is to blame for the breakdown of the marriage. Instead, they simply agree the union is broken and cannot be fixed.
While no-fault divorces are often quicker and less expensive, in some cases, a fault-based approach might be the best course of action recommended by a practiced divorce attorney. Let a Suwanee fault-based divorce lawyer from our firm advise you of your options to help you move forward with your life under the best possible terms.
What Are the Grounds for a Fault-Based Divorce?
When you pursue a no-fault divorce, there is only one reason—or grounds—for obtaining a dissolution. This is typically an irretrievable breakdown. In fault-based cases, there are 12 different options to choose from, including:
- Incest;
- Adultery;
- Impotency;
- Drug or alcohol addiction;
- Abandonment of one year or longer;
- Getting married by force, coercion, or deception;
- Cruel treatment, including mental and physical abuse;
- Being institutionalized for an incurable mental illness;
- A criminal conviction for a “crime of moral turpitude” that requires two or more years in jail;
- Pregnancy (of the wife) prior to the marriage and without the husband’s knowledge;
- Mental incapacity at the time of the union, including being under the influence of drugs or alcohol or mental disorders.
A Suwanee attorney from our firm can review the requirements for filing a fault-based divorce in more detail and help a spouse determine whether their situation qualifies under these terms.
Why Pursue a Fault-Based Divorce?
For most people, a no-fault approach is ideal because it keeps disputes between spouses private. However, there are times when establishing that the other side was at fault for the breakdown of the marriage is beneficial.
Establishing fault-based grounds for the divorce has less to do with obtaining the divorce decree and more to do with influencing other aspects of the final order. Because Suwanee is located in an equitable division state, the judge must divide marital property fairly, not necessarily equally. What is equitable or not can be influenced by evidence of fault in the breakdown of the marriage.
Pursuing fault-based divorce grounds could be especially important for victims of domestic violence. By establishing evidence of the abuse, the court could provide safeguards that ensure the victim receives what they are entitled to without having to regularly make contact with their former spouse.
Financial matters are not the only reason a fault-based approach might be the best bet. You could also use the finding of fault in some cases to impact child custody decisions. This is true when your former spouse was responsible for domestic abuse or when they habitually abused drugs or alcohol. Working with a knowledgeable Suwanee attorney is the best way to determine whether a fault-based or no-fault divorce is best for your circumstances.
Talk to a Suwanee Fault-Based Divorce Attorney Right Away
If you believe a fault-based approach to divorce is in your best interests, it is a good idea to talk to an attorney. A Suwanee fault-based divorce lawyer from our firm can advise you whether this type of divorce is your most beneficial option. Call the Atlanta Divorce Law Group right away to learn more.
