There has been some talk over the last couple decades about the rise of so-called ‘no-fault divorce’ in the United States. Some people see this as a problem because they are of the opinion that it makes it too easy to end a marriage. Others, however believe that it is a boon to society as it allows individuals to leave a relationship that has become a problem, and hopefully keeps any children involved from being subjected to acrimonious accusations between their parents during the litigation process.
In Georgia, this no-fault concept is certainly by far the most widely used. The pleading of the “irretrievably broken” ground is relatively simple, and doesn’t require any special evidence be shown in order to substantiate it. However, as we have previously touched on, the state still retains other grounds for divorce that may be used in certain circumstances.
Readers may remember that these grounds can include willful cruelty, desertion, adultery, drunkenness or addiction and conviction for a crime involving moral turpitude for which a person is sentenced to prison. While these grounds may not often be applicable, or even desirable, there may be cases in which filing for divorce on the basis of one of them is more advantageous for one reason or another than using the more common ‘no-fault’ ground.
Georgians considering divorce, especially one that is likely to be contested, may wish to consider speaking with an experienced family attorney. These professionals know what the law requires and have represented prior clients filing for many different reasons. In most cases, a no-fault divorce is likely the best way to go, but a legal professional may be able to advise one whether one of the other grounds is possible and more likely to lead to a desired outcome.