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How does marriage counseling affect a “no-fault” divorce system?

On Behalf of | Nov 20, 2024 | Divorce |

In Georgia, the law does not require counseling before a divorce. However, some judges might suggest it to help couples work through issues. Counseling can help couples communicate better, although it does not change the legal divorce process. Instead, it can be considered a personal choice.

How does the no-fault divorce system work?

Georgia’s no-fault divorce system allows couples to end their marriage without proving fault. What it requires is the statement from one spouse who believes the marriage is “irretrievably broken.” This umbrella term includes the following:

  • Neither spouse needs to prove wrongdoing
  • The court does not consider who is at fault
  • Couples can divorce based on incompatibility

This system aims to reduce conflict and streamline the divorce process. However, it also raises questions about the role of efforts to save the marriage, such as counseling.

Can marriage counseling affect a no-fault divorce?

In Georgia, you do not have to fix your marriage before getting a divorce. However, marriage counseling can still help. It helps you decide if divorce is the best choice. It might also help you talk better during the divorce. Judges might look at counseling positively when deciding on child custody. However, if one person insists the marriage is over, counseling cannot stop the divorce. The law lets anyone end their marriage, even if they have tried counseling.

What Should You Consider When Facing Divorce in Georgia?

Although it seems simple, Georgia’s no-fault divorce system can be tricky. Every case is different, with its problems and things to think about. Marriage counseling can help you grow and talk better. But remember, it has limits in the legal world. A lawyer can explain how your situation fits with the state’s divorce laws and help you make intelligent choices about your future.

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