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What Is a “No-Fault” Divorce in Georgia?


If you are just embarking upon the taxing journey of seeking a divorce in the state of Georgia, then you may have seen or heard the term “no-fault divorce” thrown around quite a bit. But what does that term actually mean? For those unfamiliar, this is a specific type of divorce, and it also just so happens to be the one that is most commonly cited. At Buckhead Family Law, when seeking a divorce, we want you to fully understand what you’re getting yourself into, what legal rights you have, and what actionable next steps to take.

Every family is different and your divorce is fact specific. Let’s explore what a “no-fault” divorce in Georgia really entails and decide if that is the route you’re seeking.

What Is A No-Fault Divorce?

In order to obtain a no-fault divorce in Georgia, one spouse must simply state a belief that the marriage is over or “irretrievably broken” and that there is “no hope of reconciliation.” This the most common ground for divorce,  meaning no one is at fault for the marriage’s failure. Other grounds like cruelty or adultery may also be invoked during a divorce, but carry different burdens of proof.

What Are the Benefits of a No-Fault Divorce?

There are a few different reasons why many couples in Georgia want to seek a no-fault divorce. The most obvious one is that it can make the entire process shorter. This means that both parties can move on with their lives quickly, they may incur lower attorneys’ fees, and they can focus on putting their families back together again.

A no-fault divorce also means that there isn’t a reason for either person involved in the divorce to make up lies, look for wrongdoing, or attempt to smear the other person’s reputation during the process, as no one is legally to blame. Sometimes it is simply time to mov forward from a marriage as people and circumstances change over time, and that is okay. Even if there is adultery or other conduct issues involved, some people choose to proceed with a no-fault divorce in an effort to maintain dignity and discreetness, rather than engage in a messy, mudslinging legal proceeding.

If you have children or a business, keeping the details of a divorce private can help protect both reputations and emotions of everyone involved.

What Are the Problems with A No-Fault Divorce?

As with any legal course of action, there are some issues that arise when seeking a no-fault divorce as well, which is why everyone doesn’t choose this path. Often, divorces will include alimony or child custody, and these require the two parties to battle out the logistics in court.

Sometimes, it can help one or both parties to move on if they are able to inform the court (and those who attend the session) of the circumstances surrounding their divorce. This can help with reputation management in certain cases, depending on what is at stake.

There are also some people who believe that no-fault divorces are “the easy way out,” but this isn’t something you should allow yourself to be bothered by: it is your divorce and your life. So, you should proceed in the manner in which you are most comfortable.

No-Fault Divorce in Georgia: We Can Help

Seeking a no-fault divorce in Georgia comes with a specific set of legal concerns and problems, which is why you need to retain the help of an experienced divorce lawyer to help shed light on the actionable next steps you need to take to produce the best possible legal outcome.

At Buckhead Family Law, our experienced legal team is here to present you with your most beneficial legal options and help you to move on with your life quickly while still getting what you justly deserve. We are here to assist you as you begin the next chapter of your life. Schedule a consultation today by calling at 404-600-1403.

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