Divorce is deeply personal but it involves many legal questions. Is Georgia a no-fault divorce state? What is a no-fault divorce, and how does it compare to filing for a “fault” divorce?
As any divorce attorney in Albany will explain to their clients, Georgia law allows two types of divorces. The main difference between them is the cause of the divorce. Sometimes, marriages break apart without the spouses’ fault (no-fault divorce). Other times, one spouse’s actions lead to divorce (at-fault divorce).
A no-fault divorce is normally faster, simpler, and less costly than a fault divorce. Additionally, fault can influence child custody, alimony, and property division.
Let’s dive into what you need to know about no-fault and fault divorce in Georgia.
What Is a Fault Divorce in Georgia?
In a fault divorce, one spouse claims the other caused the marriage to end. Georgia law recognizes 12 fault-based grounds for divorce (O.C.G.A. 19-5-3).
- Marriage between close blood relatives
- Mental incapacity at the time of marriage
- Impotency at the time of marriage
- Using force, menace, duress, or fraud to get married
- Pregnancy of the wife by another man at the time of marriage, unknown to the husband
- Adultery by either spouse
- Wilfull Desertion – a spouse leaves for at least one year with no intention of returning.
- Conviction of a crime of moral turpitude with a prison sentence of two years or longer
- Cruel treatment, such as physical or mental abuse
- Habitual intoxication
- Habitual drug addiction
- Incurable mental illness
You must provide evidence of one of these grounds when filing for a fault divorce.
What Is a No-Fault Divorce in Georgia?
You can file for a no-fault divorce if your marriage is “irretrievably broken.” This is often referred to as irreconcilable differences. It means you don’t want to stay married and see no hope of reconciling. Neither side needs to prove the other was at fault.
A no-fault divorce is the most common type of divorce in Georgia. Many people prefer this option since it reduces conflict and is generally faster, easier, and less costly than a fault divorce.
It’s a common misconception that you can only get a no-fault divorce if both spouses want to end the marriage. In reality, either spouse can file for a no-fault divorce even if the other wants to stay together.
Fault vs No-Fault Divorce
Ultimately, the choice between a no-fault and a fault divorce depends on your priorities and situation. Understanding the pros and cons of both options can help you decide the best path forward.
Benefits of No-Fault Divorce
A no-fault divorce is the more common route. You don’t have to prove that anyone did anything wrong. You just need to show that the marriage is “irretrievably broken,” meaning it simply can’t be fixed.
One of the biggest advantages of a no-fault divorce is that it’s typically faster and less stressful. Since no one has to dig up evidence or fight over who’s to blame, the process often involves fewer arguments and can be resolved more quickly. No-fault divorce is also less expensive because you’ll likely spend less on attorney fees and court costs.
Another benefit is that both sides can protect their privacy. There’s no need to air personal or embarrassing details in court. This can be especially helpful if you have children and want to avoid creating a hostile environment or damaging your family’s reputation. Many couples choose a no-fault divorce to maintain a more amicable relationship moving forward.
Pros and Cons of Fault-Based Divorce
In some cases, a fault-based divorce can give the wronged spouse an advantage. If the court finds that the other spouse was at fault, it may influence decisions about alimony, child custody, and property division. For example, someone who cheated or drained joint finances might end up with less favorable terms.
However, fault divorces come with several downsides. First, proving fault takes time, effort, and money. Second, accusing your spouse of wrongdoing can escalate tensions and lead to a bitter battle. It can also backfire. For example, imagine a situation where a husband accuses the wife of cheating only for her to produce evidence that he also had an affair. If both spouses have done things wrong, at-fault divorce can turn into back-and-forth mudslinging.
Another thing to consider is that the grounds for a fault-based divorce, like infidelity or abuse, become part of the public record. For people who value their privacy, this is a significant drawback.
Does Fault Affect Custody, Alimony, and Property Division?
While you don’t have to prove fault to get divorced, it can affect the court’s decisions about child custody, alimony, and how to divide property.
Child Custody
Georgia courts focus on what’s best for the child in custody decisions. If one parent has done something harmful, like neglecting the child, abusing them, or having substance abuse issues, it can hurt their chances of getting custody. The court could limit their time with the child or award the other parent sole custody. On the other hand, adultery doesn’t usually affect custody unless it harms the child’s well-being.
Alimony
Alimony, or spousal support, is another area where fault can matter. If a husband or wife cheats, it doesn’t automatically mean the other spouse won’t have to pay alimony, but the court takes bad behavior into account. Depending on the situation, the court may decide the spouse who committed infidelity doesn’t deserve alimony or reduce the amount.
Property Division
Georgia uses what’s called equitable distribution when dividing property in a divorce. This means fairly splitting things, though not necessarily 50/50. Fault isn’t the main factor in dividing assets, but it can play a role.
For example, the court may give less money to a wife who cheated or a husband who was physically or emotionally abusive. If one spouse wasted money on an affair, reckless spending, or gambling, the court might give the other spouse a bigger share of the marital property to make up for it.
Get Help From an Experienced Divorce Attorney in Albany, GA
Whether you’re considering a fault or no-fault divorce, having the right legal support can make all the difference. At Joe Durham Jr., PC, we understand that every situation is unique, and we’re here to guide you through the process with care and skill. Let us take some of the stress off your shoulders during this challenging time.
Our law firm in Albany, Georgia, can help you navigate the complexities of divorce, whether it’s gathering evidence for a fault-based case or seeking a smooth and fair resolution in a no-fault divorce. Reach out today at 229-210-6226 or using our contact form for a consultation.
