If you are approaching a divorce in Georgia, you might have heard that the Peach State allows you to end your marriage in two different ways: No-fault and fault-based. You might be attracted by the idea of ending your marriage without proving any wrongdoing. Why would anyone choose a fault-based divorce? Are there certain benefits that you’re overlooking?
Those Who File for Fault-Based Divorce May Wish to “Point the Finger”
For some spouses, the thought of publicly accusing their ex of wrongdoing is attractive. These individuals may feel that proving their ex’s misconduct in court will help them achieve closure, and the process could be important for their mental health. These spouses might be motivated by emotional priorities rather than logic or financial limitations.
A spouse might also choose fault-based divorce if they want to gain an advantage during alternative dispute resolution (ADR) negotiations. If the “accused” spouse wants to avoid the embarrassment of exploring their own misconduct during a public trial, they might be more motivated to make concessions during negotiations.
A fault-based divorce filing may be particularly advantageous if the marriage ended due to adultery or an equally embarrassing form of misconduct. In this situation, the accused spouse might do anything to avoid having the details of their affair go on the public record.
That being said, you still need to satisfy the burden of proof if you want to prove adultery or any other misconduct. This is not always easy, and you must show a “preponderance of evidence.” This equates to a likelihood of more than 50 percent. If the affair occurred in private and you do not have any evidence, you might struggle to gain an advantage.
The Advantages of a No-Fault Divorce are Considerable
On the other hand, the advantages of a no-fault divorce are comparatively overwhelming. Because you don’t need to prove as much during this process, your divorce will likely be cheaper. It also tends to be faster and less stressful for the entire family (including your children).
However, it is important to understand that you can still accuse your spouse of wrongdoing during a no-fault divorce. Issues like adultery, child abuse, asset concealment, and addiction may still come up during discussions about alimony, property division, and child custody.
In other words, filing for a no-fault divorce does not remove your right to address your ex’s misconduct. It merely makes the process of starting the divorce process easier, as you won’t need to prove anything.
Can a Georgia Divorce Lawyer Help Me?
It may be easier to choose between a fault-based and a no-fault divorce in Georgia if you discuss your situation with an experienced divorce lawyer. These legal professionals can assess your situation and recommend specific courses of action. While it’s true that no-fault divorces are more popular, you could benefit from a fault-based divorce under certain circumstances. Contact Lankford & Moore Law today to learn more.
