Margaret Gettle Washburn, P.C.
(770) 676-1191
Habla español, por favor pregunte por la señorita Alex.

Divorce in Georgia: Does it matter if one spouse is to blame?

Making the decision to divorce is typically not something that people do overnight. There can be months or even years during which spouses are battling complicated obstacles and butting heads. Sadly, there are some factors or behaviors that cannot be undone and reconciliation proves to be impossible.

This can often be the case when one person has done something or failed to do something that caused irreparable damage. In these situations, spouses in Georgia should understand that they may need and want to obtain a divorce on a fault ground. This means that one person is primarily to blame for the divorce. 

In Georgia, there are 12 different fault grounds that are recognized. These include:

  1. Adultery
  2. Desertion
  3. Physical and/or mental abuse
  4. Spouses that are too closely related
  5. Mental incapacity of one person when the couple was married
  6. Impotency when the couple was married
  7. Fraud or coercion leading to marriage
  8. Prison confinement
  9. Mental illness
  10. Drug addiction
  11. Habitual intoxication
  12. Pregnancy of the wife at the time of marriage which was not disclosed to the husband

In these situations, it may be appropriate for the innocent party to seek an at-fault divorce. Doing so could affect orders for spousal support and the divorce settlement in favor of the person who was not at fault.

However, it is not necessary to file this type of divorce. If your marriage is broken and there is no hope of reconciliation based on other factors, you can file a no-fault divorce. In these situations, you will not need to prove that wrongdoing led to divorce.

It is important to note that filing a fault divorce can come with defenses by the other spouse, which can present some complicated legal obstacles for both parties. It is also important to note that fault divorces are not recognized in many other states.

If you are considering filing for divorce in Georgia or believe your spouse is going to file, it can be crucial that you understand how and if fault will factor in to the split. Discussing your situation with an attorney can be crucial, as fault can significantly impact the immediate and long-term ramifications of a divorce.

No Comments

Leave a comment
Comment Information

Tell us your story

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Margaret Gettle Washburn, P.C.
4799 Sugarloaf Pkwy
Building J
Lawrenceville, GA 30044

Phone: 770-676-1191
Fax: 770-963-2828
Lawrenceville Law Office Map

facebook twitter Google Plus