A significant percentage of marriages end in divorce. Couples who previously expected to spend their entire lives together may eventually realize that they are not compatible.
Significant misconduct, ranging from adultery to substance abuse, could also force people to consider divorce. Those hoping to end a marriage often want to do so cleanly and efficiently. They don’t want to end up embroiled in conflict because their situation doesn’t meet the necessary legal standard. Some spouses may worry that it could be difficult to convince the courts that a divorce is necessary, especially if they expect their spouses to challenge their decision to divorce.
Do spouses petitioning the courts for divorce need to prove that their situation meets very specific legal standards?
Georgia allows for no-fault divorce
People can potentially divorce without proving anything problematic about their marriages or spouses. Under no-fault divorce statutes, any married individual can ask the courts to terminate a marital relationship.
The filing spouse does not need any evidence of misconduct to petition the courts for a no-fault divorce. So long as the spouse can credibly claim that the marriage is irretrievably broken while under oath, they are potentially eligible for a no-fault divorce.
Fault-based divorces require evidence
Georgia recognizes a dozen fault-based reasons for divorce. In scenarios where individuals choose to pursue a fault-based divorce, they need evidence that the situation meets the grounds established by state statutes.
The current fault-based grounds for divorce recognized by the Georgia family courts include:
- close familial relationships between spouses
- adultery
- bigamy
- pregnancy at the time of marriage when the father is not the husband
- impotency at the time of marriage
- fraud, menace or duress used to secure the marriage
- desertion lasting one year
- a criminal conviction leading to two years or more in prison
- incurable mental illness
- habitual drunkenness
- addiction to drugs
- cruel treatment/abuse
Many people who could qualify for a fault-based divorce choose to pursue a no-fault divorce due to expediency. They may also want to avoid a scenario in which their spouse tries to counter their claim of fault, thereby dragging out the divorce proceedings and increasing the total cost.
Both fault-based and no-fault divorces offer benefits and drawbacks for people in a variety of challenging marital circumstances. A family law attorney can help frustrated spouses choose the best option and work to ensure their situation meets the necessary standard for the type of divorce they want to pursue.