Once upon a time, if you wanted to get a divorce in the United States, you had to prove that your spouse had someone “wronged” you in a way that qualified as “grounds” for the divorce under your state’s laws – even if both you and your spouse simply wanted out.
That led to both unpleasant and destructive court battles between some couples and left others trapped in unhappy marriages because they didn’t have the grounds to get out. So-called “no-fault” divorces, which were gradually adopted in one form or another in every state, changed everything.
Now, everything could be changing again
Conservative groups are trying to roll back the clock on no-fault divorces, with some saying that the option is a detriment to the sanctity of marriage. Those on the opposite side of the fence say that the absence of “no-fault” divorces made it much harder for domestic violence victims (usually women) to get out of abusive marriages because the proof required by the courts could be hard to obtain.
The changing political climate in the United States has a few advocates for women’s rights worried – and some are urging those who are on the fence about obtaining a divorce to take the plunge while they still can.
Georgia permits no-fault divorces based on the irretrievable breakdown of the marriage – which essentially means that even if only one party wants to end the marriage that’s proof enough that the marriage is broken. The court merely requires the couple to wait out a 30-day “cooling off’ period before the divorce can be granted to make sure that the decision isn’t impulsive and that there’s really no hope of reconciliation.
While no-fault divorce isn’t likely to vanish overnight, there is legitimate concern that it could become harder to obtain a divorce in the near future. For that reason alone, it may be wise to explore your legal options if you’re unhappily wed.