When planning to get a divorce, you have many decisions to make and negotiations to anticipate. One of your first decisions is how to file for your divorce. If you live in Georgia, you can choose to file a no-fault divorce or a fault-based divorce.
Most people take the no-fault approach to divorce because it can proceed faster and cost less in many situations. Others may prefer the fault-based approach for several reasons.
What are the benefits of a fault divorce?
If your spouse committed an egregious wrong in your marriage, a fault divorce allows you to hold them accountable for their actions. The court in your case may also award a more favorable child custody or spousal support arrangement if you can show fault. But remember that you must prove any allegations you claim against your spouse.
What grounds can you cite?
Under Georgia law, you can opt for a fault-based divorce on the following grounds.
- Violence or cruelty
- Drug or alcohol addiction
- Mental incapacity or insanity
- Marriage fraud, duress or force
- Willful desertion for one year or longer
- Pregnant by another man at the marriage date
You may also seek a fault divorce if your spouse must serve a prison sentence of two or more years.
To choose between no-fault and fault divorce, determine what you hope to gain from the proceedings. Say your spouse cannot function as a parent due to severe substance addiction. Proving this during your divorce proceedings may positively impact your child custody arrangements.
We recommend finding someone knowledgeable to answer your questions about divorce. Doing so can help you decide which divorce option will best serve your needs.