What Are the Different Types of Divorce?

Many divorces in Georgia are no-fault, which means that the divorce is based on irreconcilable differences. Georgia does, however, allow divorces that are based on specific forms of fault, such as adultery. This means that spouses can choose between no-fault and fault-based divorce when filing a complaint.

Further, many divorces are settled out of court as uncontested divorces. Some divorces require the court’s intervention to resolve certain issues, making them contested divorces.

Better understanding your options when it comes to divorce in Georgia can help you navigate the challenges ahead more smoothly. One of the most important steps you can take in the buildup to divorce is consulting with an experienced Georgia divorce attorney.  

No-Fault Divorce

A no-fault divorce is one in which neither spouse is predicating the divorce on the other’s fault. Instead, the dissolution of the marriage is based on the spouses’ inability to make it work. This means that neither of you needs to prove the other’s wrongdoing, which can help to minimize drama and save a considerable amount of the following:

  • Time
  • Money
  • Emotional upheaval

For your no-fault divorce to be uncontested, however, you and your divorcing spouse must find a way – with the skilled legal counsel of your respective divorce attorneys – to resolve each of the following divorce terms that apply:

If one or more of these becomes a sticking point that you’re not able to resolve, your divorce will proceed to court – at which point it becomes a contested divorce.

Fault-Based Divorce

The State of Georgia also allows divorces that are based on fault. To obtain an at-fault divorce, however, you’ll need to prove your spouse’s wrongdoing, which can be difficult, which means that your case will likely go to trial. With a fault-based divorce, you can expect a more contentious, more costly, and more time-consuming process, but there are instances when seeking a fault-based divorce is advised. Your savvy divorce attorney will help you make the right decisions for you in your unique circumstances.

Some of the primary reasons for at-fault divorces include the following:

  • Adultery
  • Cruelty
  • Habitual intoxication
  • Drug addiction
  • Desertion
  • Incurable mental illness

Because you need to prove your spouse’s fault and because doing so can skew your divorce terms in your favor, your divorcing spouse is unlikely to agree with your assessment of the situation, which means your case will likely go to court, making it a contested divorce. 

It’s Time to Consult with an Experienced Georgia Divorce Attorney

The practiced Forsyth and Gwinnett County divorce attorneys at Banks, Stubbs & McFarland bring the full scope of their imposing experience, focus, and legal insight to every case they skillfully handle, and they look forward to also representing you. Your divorce terms will play a critical role in your future, so please don’t wait to contact us online or call 866-455-4701 for more information about what we can do to help you today.