Citing Grounds for Divorce in Georgia

Divorce proceedings can often be a complicated and emotionally exhausting process for all people involved. In the state of Georgia, spouses must meet certain requirements before the process may begin. One of the first steps in divorce proceedings is for the spouses to cite grounds for their divorce. While many people believe divorces only happen if one spouse is “at fault” for the end of the marriage, this is not always the case. In the state of Georgia, spouses can cite either fault or no-fault grounds to begin their divorce.

Fault Grounds

When the process of a divorce begins, spouses can cite fault grounds in order to begin. When fault grounds is cited by a spouse in a divorce case, it means they hold the other spouse responsible for the end of their marriage. In the state of Georgia, there are several different grounds for citing fault grounds. This can include:

  • Adultery
  • Desertion
  • Impotency
  • Cruelty
  • Lack of mental capacity
  • Incarceration for over 2 years
  • Habits of intoxication
  • Habitual drug addiction
  • Pregnancy outside of marriage
  • Fraudulent or forced marriage
  • Incurable mental illness

Many spouses are unsure about citing fault grounds in their divorce. This is because of the possibility of litigation as well as creating further problems between then and their spouse. When one spouse cites fault grounds, the other spouse can answer the accusation. This could possibly lead to more legal issues. People often believe that when fault grounds is cited, it will affect the outcome of the divorce. However, fault grounds typically does not impact the outcome of marital issues in a divorce.

No-Fault Grounds

When no-fault grounds is cited in a divorce, it means neither spouse wishes to hold the other responsible for the end of their marriage. In the event of this, the divorce proceedings may begin and spouses can begin to settle marital issues. No-fault grounds in a divorce is also known as an “Irretrievable Breakdown of Marriage.” This requires spouses to agree upon all marital assets before filing for divorce. These issues may include child custody, child support, parenting time, alimony, and the division of assets. In this case, the couple has the opportunity to decide the method they wish to use to divorce. Different methods consist of mediation, arbitration, collaborative divorce, or private discussions.

Contact our Firm

If you or someone you know is going through a divorce and wishes to speak with an experienced attorney, contact The Alfred Law Firm, LLC. today.

Alfred Law Firm, LLC is proud to serve clients in Georgia when they face legal matters related to family law and criminal defense. When legal issues arise, it is important to have the guidance of an experienced attorney that can help you obtain a favorable outcome. Contact our firm today to schedule a consultation.

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