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Should You File for an “At-Fault” Divorce in Georgia?

If you are approaching a divorce in Georgia, you might have a very good reason for choosing to end your marriage. Perhaps your spouse has been unfaithful. Perhaps the relationship fell apart due to issues with substance abuse. Maybe your spouse is currently incarcerated. Whatever the case may be, you have the option of pursuing an “at-fault” divorce if you have experienced this type of marital misconduct. But what exactly is an “at-fault” divorce, and is it the right option for you? 

If you have questions like these, your best bet is to get in touch with a qualified, experienced family law attorney in Georgia as soon as possible. Deciding whether or not to file an “at-fault” divorce is an important choice, and you should go over all of your legal options before making your final decision. Once our attorneys help you understand the most effective route forward, we can negotiate on your behalf, represent you in court, and guide you toward a positive legal outcome. 

What is an At-Fault Divorce?

When you file for divorce in Georgia, you can file for a “no-fault” divorce or an “at-fault” or “fault-based” divorce. If you file for a “no-fault” divorce, you do not need to give a specific reason for ending your marriage. You can simply file on the grounds of irreconcilable differences and move on with the legal process. 

If you file for an “at-fault” divorce, you will need to show that your former spouse committed some kind of misconduct that led to the breakdown of the relationship. There are only a few acceptable “grounds for divorce” in Georgia, such as:

  • Adultery
  • Desertion
  • Mental incapacity
  • Impotency
  • Your spouse became incarcerated
  • Cruel treatment (mental or physical)
  • Substance abuse
  • Mental illness

Benefits of a Fault-Based Divorce

Why file a fault-based divorce in the first place? It may seem like the more convenient option is to simply file for divorce based on irreconcilable differences, but there are a few advantages associated with fault-based divorce. These divorces can negate the need for a waiting period before the legal process begins, and spouses may also find that proving fault helps with other aspects of the divorce. 

For example, proving that your spouse has a substance abuse issue may aid you in your upcoming custody battle. In addition, proving adultery can prevent guilty spouses from receiving alimony, which can be a massive financial boost to the paying spouse. That being said, a no-fault divorce is extremely popular among spouses in Georgia simply because it is less demanding. 

Enlist the Help of a Qualified Attorney Today

If you have been searching the Georgia area for a qualified family law attorney, look no further than Lankford & Moore Law. Over the years, we have helped many spouses in Georgia make the best decisions as they approach their divorces. We know that suffering marital misconduct can be traumatic and distressing, but you can make the best of this situation with an at-fault divorce. Book your consultation today, and we can go over all of your legal options together.

I realized the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby — not even money, certainly not my soul.

Mahatma Gandhi

Lankford & Moore Law in Downtown Lawrenceville

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