There is a difference between a fault divorce and a no fault divorce and each state has different laws regarding each consideration.
In Georgia, the spouse who files for divorce must also have been a resident of the state for a minimum of six months prior to the divorce filing.
FAULT DIVORCE IN GEORGIA
In a fault divorce in the State of Georgia, the spouse filing for the divorce claims that the other spouse is the cause of the problems in the marriage. In this case, the divorcing spouse must provide the legal justification for the divorce and prove it was the other spouse’s fault.
Fault divorces can include allegations of marital misconduct and the provision of derogatory testimony. The other spouse can contest the divorce and mount a defense to the divorce petition.
Claiming fault in a divorce can be used to gain an advantage in a dispute over child custody, the division of marital property, or the awarding of spousal support.
Georgia has twelve grounds for fault divorce:
- Cruelty, physical abuse or violence;
- Desertion for at least one year;
- Drug addiction;
- Habitual Intoxication;
- Mental Incapacity or Insanity;
- Conviction of a crime with sentence of two or more years;
- Force, duress or fraud in obtaining marriage;
- Irreconcilable differences;
- Familial intermarriage;
- Pregnancy at time of marriage by a man other than husband;
NO FAULT DIVORCE IN GEORGIA
Georgia has one ground for no fault divorce – that the marriage is “irretrievably broken”. In a no fault divorce, no blame is assigned to either party. Neither party has to prove the other party was at fault for the failure of the marriage.
This is, by far, the most common grounds for divorce filings.
The spouse filing for the divorce only needs to demonstrate to the court that there has been an irretrievable breakdown in the marriage.
This means the parties are incompatible and as a result the issues between them can never be resolved.
No fault divorces are the most common form of divorce in Georgia because even when there is legal justification for the divorce it is quicker to process a no fault divorce. Many people choose to file no fault divorces for this reason.
However, even in a no fault divorce, the state of Georgia requires a 30 day waiting period after the divorce petition is entered in court and papers are served to the non-filing spouse.
A knowledgeable divorce attorney can help you assess your situation and consider the best options for you and your family.