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Atlanta Divorce Lawyer > Johns Creek Divorce Lawyer

Johns Creek Divorce Lawyer

Unlike many states, Georgia gives divorcing couples the option of filing for a fault-based or a no-fault divorce. The former requires proof that one of the parties is guilty of one of the fault-based grounds for divorce, which includes mental incapacitation, adultery, and physical or mental abuse. These types of proceedings tend to be acrimonious, with both parties attempting to prove that the other was the cause of the marriage’s failure. No-fault divorces, on the other hand, are often less stressful to obtain, although they still require the parties to contend with a host of complicated divorce-related issues, such as property division and alimony.

Whether a couple is filing for a fault-based or a no-fault divorce, they should at least consider consulting with a Johns Creek divorce lawyer to ensure that the process goes as smoothly as possible.

Fault-Based Divorce

When filing for divorce in Georgia, a person can choose to allege that his or her spouse is to blame for the end of the marriage. In these cases, the person filing for divorce will be required to provide proof that the marriage’s breakdown can be attributed to one of the following causes:

  • Adultery;
  • Desertion;
  • Mental incapacity;
  • Marriage to a close relative;
  • Impotency;
  • The use of force or fraud in obtaining the marriage;
  • Conviction and imprisonment for certain offenses;
  • Physical or mental mistreatment;
  • Habitual intoxication or drug addiction; and
  • Mental illness.

Because they necessitate proof of blame, most couples choose to avoid fault-based divorce, but to instead file for a no-fault dissolution of their marriage. This is true even in cases where one party is clearly at fault for the divorce, as no-fault divorces tend to be resolved more quickly.

No-Fault Divorce

Most divorces in Georgia are no-fault divorces, as they don’t require either party to lay blame on the other for the marriage’s failure. Instead, the petitioning spouse need only state that the marriage is irretrievably broken. Those who choose this option, however, are required to wait for at least 30 days from the date of filing before a judge will actually finalize the divorce.

Filing Requirements

Under Georgia law, a person can only file for divorce in the state if either he or she, or that person’s spouse, has been a resident of the state for the preceding six months. The petitioner will also need to be sure that he or she is filing in the correct jurisdiction, which is generally the Superior Court of the county where the respondent lives. Those who fail to abide by these rules risk having their case dismissed automatically by the court.

Obtaining a Divorce in Georgia

There are a number of filing requirements, including deadlines and procedural rules with which divorcing couples must comply, so if you and your partner have decided to file for divorce, please call one of the dedicated Johns Creek divorce lawyers at Buckhead Family Law before proceeding with your case. A member of our legal team can be reached by phone at 470-600-6699 today.

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