What Is a No Fault Divorce?
A “no-fault” divorce means one spouse must simply state a belief that the marriage is over, or “irretrievably broken.” Essentially, a no-fault divorce law gives either party the freedom to sue for divorce with only the claim of “irreconcilable differences.” Born from these laws was the concept of unilateral divorce; either spouse feeling the urge to end the marriage can do so and is free to leave. Most divorces in Georgia are no-fault divorces.
A no fault divorce is filed with the court on the basis of irreconcilable differences between the spouses, rather than fault grounds, such as adultery, habitual intoxication, or desertion. A common misperception is that this means there was no marital misconduct on the part of either of the parties, or that issues pertaining to the marriage and divorce are uncontested.
At Stearns-Montgomery & Proctor, our Georgia no fault divorce lawyers have been handling these types of cases for three decades. Our experience is that while fault may not be stated as a reason for the divorce, it can still have an impact on your divorce proceedings.
At Stearns-Montgomery & Proctor, our Georgia no fault divorce lawyers have been handling these types of cases for three decades. Our experience is that while fault may not be stated as a reason for the divorce, it can still have an impact on your divorce proceedings.
What Is a Fault Divorce?
A “fault” divorce means a spouse can allege that the other spouse caused the breakdown of the marriage. There are 12 fault grounds for fault divorce including:
- Intermarriage by persons within the prohibited degrees of consanguinity or affinity
- Mental incapacity at the time of marriage
- Impotency at the time of marriage
- Duress, or fraud, or forced menace in obtaining the marriage
- Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband
- Adultery including heterosexual and homosexual relations between one spouse and another individual
- Willful and continued desertion for one year
- Imprisonment for a term of two years or longer
- Habitual intoxication only referred to alcoholic beverages
- Cruel treatment which consists of willful infliction of pain, bodily or mental upon the complaining party
- Incurable mental illness
- Habitual drug addiction which consists of addiction to any controlled substances including narcotic drugs, marijuana, stimulant drugs depressant drugs, or hallucinogenic drugs.
