What if my spouse doesn't want a divorce or won't sign the papers?
In Georgia, no fault divorce is available so only one party needs to convince a court that their marriage is beyond repair and there is no chance of reconciliation.
No fault divorce in GA means that the court does not get involved in the reasons for the divorce. According to older law and regulations, the party who initiated the divorce process had to prove reasons for getting the divorce, such as adultery or abuse. This required difficult, often embarrassing questions about the couple's private lives. Georgia no fault divorce laws have changed this drastically. Now the divorce law in most states allows one of the parties to get a divorce if he or she states in court that the marriage is irretrievably broken.
Does there have to be a reason for the divorce?
No. The statutory ground most commonly used for a divorce is that the "marriage is irretrievably broken." For this ground, the parties do not specifically complain of misconduct but state that their marital differences cannot be resolved, and there is no chance of reconciliation.
At Stearns-Montgomery & Proctor, we can help you understand your divorce options, including no fault divorce. Contact us today at (678) 971-3413 or schedule a consultation.