Is Domestic Violence Grounds for Divorce in Georgia?

Domestic Violence Is Grounds For Divorce in Georgia

In Georgia, domestic violence is grounds for divorce. Georgia law lists cruel treatment as one of the 13 fault-based grounds for divorce, and domestic violence falls under this category.

Domestic violence can significantly impact divorce cases. It is an important factor in child custody determination and may also influence alimony and marital property division.

Divorce is an emotional ordeal, and leaving an abusive relationship creates additional challenges. If you want to end your marriage to an abusive spouse, an experienced divorce lawyer in Albany, GA can help you.

What Is Domestic Violence in Georgia Law?

In Georgia, domestic violence, also known as family violence, encompasses a range of abusive behaviors between family or household members. According to Georgia law, family violence includes:

  • Battery
  • Simple battery
  • Simple assault
  • Assault
  • Stalking
  • Criminal damage to property
  • Unlawful restraint
  • Criminal trespass
  • Any felony

These acts of violence can occur between: current or former spouses, parents and children, stepparents and stepchildren, foster parents and foster children, or individuals who are currently living or have previously lived in the same household.

What Is Cruel Treatment?

Georgia allows for both no-fault and fault-based divorce. Georgia law (O.C.G.A. § 19-5-3) lists cruel treatment as one of the 13 fault-based grounds for divorce. Cruel treatment is not limited to physical violence.

O.C.G.A. § 19-5-3(10) defines cruel treatment as “willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health.”

Georgia courts have interpreted cruel treatment as willfully inflicting physical or mental pain on the other spouse. This would include physical and emotional abuse.

domestic violence is grounds for divorce, abusive husband hitting wife

Proving Domestic Violence in a Divorce Case

When filing for divorce on the grounds of domestic violence, it’s crucial to gather and present evidence that supports your allegations. This can be challenging, as domestic abuse often occurs behind closed doors.

However, there are several ways to prove domestic violence in a divorce case:

  • Police reports: If law enforcement has been called to respond to incidents of domestic violence, these reports can serve as valuable evidence.
  • Medical records: Documentation of injuries sustained from abuse can provide concrete evidence of physical violence.
  • Witness testimony: Statements from friends, family members, or neighbors who have witnessed the abuse or its aftermath can corroborate your claims.
  • Photographs and videos: Visual evidence of injuries, property damage, or abusive incidents can be powerful in court.
  • Text messages, emails, or voicemails: Any threatening or abusive communications from the perpetrator can be used as evidence.
  • Protective orders: If you have previously obtained a protective order against your spouse, this can serve as evidence of a history of abuse.

It’s important to note that in Georgia, you don’t need to have a documented case of domestic violence to raise claims related to it in your divorce proceedings. However, having concrete evidence can significantly strengthen your case.

Impact of Domestic Violence on Divorce

Georgia allows for both no-fault and fault-based divorce. Domestic violence

Domestic violence can have a substantial impact on various aspects of divorce proceedings, including:

Alimony

Georgia Code § 19-6-5 outlines factors that courts should consider when deciding alimony. Domestic abuse isn’t mentioned specifically, but the law gives judges the discretion to look at other factors they believe are appropriate and fair.

For example, a judge may consider how domestic violence has impacted an abused wife’s ability to support herself financially. Financial abuse is a common way for abusers to control their partners. Additionally, domestic abuse can disrupt the victim’s career.

Property Division

Georgia follows the principle of equitable distribution when dividing marital property. This doesn’t necessarily mean a 50/50 split. The court aims for a fair division based on various factors.

Suppose one spouse’s abusive behavior has led to financial losses or has significantly impacted the other spouse’s ability to earn income. In that case, the court may award a larger portion of the marital assets to the victim.

In a fault-based divorce, judges can consider which spouse was to blame for the marriage failing when determining how to divide property. The court may award the marital home or more assets to the wronged spouse.

Child Custody

Domestic violence has a profound impact on child custody decisions. Georgia courts prioritize the best interests of the child when making custody determinations.

If there is evidence of domestic violence, the court will take this into serious consideration. The abusive parent may be granted limited or supervised visitation, or in severe cases, may be denied custody or visitation rights altogether. The court’s primary concern is ensuring the safety and well-being of the children involved.

divorce for domestic abuse in Georgia

Seeking a Domestic Violence Protection Order

In addition to filing for divorce, victims of domestic violence in Georgia can seek a Family Violence Protective Order. This can provide immediate protection and relief during the divorce proceedings.

A protective order can require the abuser to:

  • Stop abusive, stalking, or threatening behavior
  • Stay away from you, your home, workplace, or school
  • Move out of a shared home
  • Surrender firearms
  • Pay temporary child support or alimony
  • Grant temporary custody of children to the victim

Types of Protective Orders

There are two types of protective orders in Georgia.

  • A Temporary Ex Parte Order can be issued immediately without the abuser present and lasts up to 30 days.
  • Permanent Protective Order can be issued after a hearing with both parties present. It can last up to 12 months and may be extended.

How to Apply

You can apply for a protective order if you’ve experienced family violence from a current or former spouse, someone you share a child with, a parent/child, stepparent/stepchild, foster parent/child, or anyone living or formerly living in the same household.

To obtain a protective order, you must file a petition with the Superior Court in the county where the abuser lives. Our legal team at Joe Durham Jr., P.C., can guide you through the process.

How a Divorce Lawyer Can Help

Navigating a divorce involving domestic violence can be complex and emotionally challenging. An experienced divorce lawyer can provide invaluable assistance in several ways:

  • Legal guidance: A lawyer can explain your rights, the divorce process, and how domestic violence allegations may impact your case.
  • Gathering evidence: An attorney can help you collect and present evidence of domestic violence in a way that will be most effective in court.
  • Protective orders: An attorney can assist you in obtaining and enforcing a protective order.
  • Negotiation and representation: Your lawyer can negotiate with your spouse’s attorney and represent you in court proceedings.
  • Child custody and support: An experienced attorney can help ensure that any custody and support arrangements prioritize the safety and well-being of you and your children.
  • Property division: Your lawyer can advocate for a fair division of assets.

Contact Joe Durham Jr. P.C. Today

If you’re considering divorce due to domestic violence, it’s crucial to seek legal help as soon as possible. An experienced divorce attorney can help protect your rights and guide you through the legal process.

At Joe Durham Jr., P.C. in Albany, Georgia, we understand the complexities of divorces involving domestic violence. We are committed to providing compassionate legal support to help you navigate this challenging time and secure a safer future for you and your family.

You don’t have to face this situation alone. Contact our law firm today!

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