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No-Fault Divorce vs At-Fault Divorce

No-fault divorce vs. at-fault divorce

No-Fault Divorce and At-Fault Divorce in Georgia Gets You Different Results


Divorce in Georgia or any other state can be a weary road of heartache and processes, but at times, it is your best option. When your marriage isn’t working anymore and you are desperate for a way out, you can file for divorce on one of the 13 grounds for divorce in Georgia. The type of divorce you choose, at fault vs. no fault, can determine a few factors such as outcomes, length of time to acquire a divorce, and stress. The Boudreaux Law Firm will help you choose the best type of divorce for your situation and needs.


At-Fault Divorce Can Get Your More Financial Support

An at-fault divorce occurs when one spouse faults the other for the collapse of the marriage. In Georgia, at-fault divorce can be granted when one of 12 instances occur. These 12 instances are defined by Georgia law as the 12 at-fault grounds for divorce. They include:

  • (1) Intermarriage by persons within the prohibited degrees of consanguinity or affinity;
  • (2) Mental incapacity at the time of the marriage;
  • (3) Impotency at the time of the marriage;
  • (4) Force, menace, duress, or fraud in obtaining the marriage;
  • (5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;
  • (6) Adultery in either of the parties after marriage;
  • (7) Willful and continued desertion by either of the parties for the term of one year;
  • (8) The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;
  • (9) Habitual intoxication;
  • (10) Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;
  • (11) Incurable mental illness. No divorce shall be granted upon this ground unless the mentally ill party has been adjudged mentally ill by a court of competent jurisdiction or has been certified to be mentally ill by two physicians who have personally examined the party; and he has been confined in an institution for the mentally ill or has been under continuous treatment for mental illness for a period of at least two years immediately preceding the commencement of the action; and the superintendent or other chief executive officer of the institution and one competent physician appointed by the court, after a thorough examination, make a certified statement under oath that it is their opinion that the party evidences such a want of reason, memory, and intelligence as to prevent the party from comprehending the nature, duties, and consequences of the marriage relationship and that, in the light of present day medical knowledge, recovery of the party’s mental health cannot be expected at any time during his life. Notice of the action must be served upon the guardian of the person of the mentally ill person and upon the superintendent or other chief executive officer of the institution in which the person is confined. In the event that there is no guardian of the person, then notice of the action shall be served upon a guardian ad litem, who shall be appointed by the court in which the divorce action is filed, and upon the superintendent or chief executive officer of the institution in which the person is confined. The guardian and superintendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the mentally ill person shall not be altered in any way by the granting of the divorce;
  • (12) Habitual drug addiction, which shall consist of addiction to any controlled substance as defined in Article 2 of Chapter 13 of Title 16


At-fault divorce paperwork


As you can see, the grounds for an at-fault divorce can be a lot of information to take in, which is why it helps to have an experienced divorce attorney to aid you. There are advantages and disadvantages to filing an at-fault divorce, however, that you should be aware of if you are considering this route. At-fault divorce most often affects the division of assets, awarded alimony, and spousal support. The accusing spouse will most likely receive a more favorable outcome for assets and awarded support than the accused spouse. In other words, those who commit adultery, abandonment, or are the cause for the divorce are more likely to get less.

The downside of an at-fault divorce is that it could take significantly more time for the grant. The evidence you as the accuser must generate against your spouse can complicate and lengthen the process. At-fault divorces can also cause additional bad-will between you and your spouse.


No-Fault Divorce Can Provide You with More Privacy

A no-fault divorce occurs when a marriage is “irretrievably broken.” When a spouse is unhappy in their marriage and can no longer continue the relationship, this no-fault ground for divorce allows them to file without having to prove that their spouse did something wrong.

No-fault divorce also has advantages and disadvantages to its process. For instance, no-fault divorces are more private for the couple getting a divorce. Since divorce records are made public, a no-fault divorce can keep marital problems confined to just those involved. This type of divorce also tends to be a shorter process. However, a no-fault divorce might not be for you if you want a greater division of assets or a larger sum in alimony or child support. In no-fault divorces, the division of assets and awarded support/custody tends to be more equally divided.

Many people believe that both spouses must agree to a no-fault divorce. In Georgia, however, a no-fault divorce can be granted when one or both spouses request one.

A couple consulting for a no-fault divorce


The Best Path for Divorce for You

Depending on your situation and needs, one type of divorce may be more suitable for you than the other. For example, if you want a greater percentage of the assets you may look into an at-fault divorce. If you have no proof of wrongdoing or would like to keep your divorce more private, then a no-fault divorce may be your better option. It is always best to seek advice from a divorce attorney who can thoroughly look at your specific case and tell you what your best option would be.

At the Boudreaux Law Firm, we listen to your situation during this trying and emotional time. We help you choose your best divorce option and get you the support you need during and after the divorce. Let us help you through this straining time with our supportive legal guidance. Call to speak to our experienced divorce attorney at 706-869-1334.


Posted on behalf of Boudreaux Law Firm

Boudreaux Law Firm

493 Furys Ferry Rd

Augusta GA 30907


The Augusta, Eastern Georgia law firm of Boudreaux Law Firm, serves Eastern GA and the CSRA, including the cities of Augusta, Evans, Martinez, Blythe, Hephzibah, Grovetown, Harlem, Waynesboro, Appling, Thomson, Louisville, Lincolnton, Aiken, North Augusta, and Peach Island, as well as Columbia County, Richmond County, Burke County, Jefferson County, McDuffie County, Lincoln County, Aiken County, and Edgefield County

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