Marital Fault in Georgia Family Law
There are many reasons why couples choose to divorce. In some cases, misconduct on the part of one or both parties may be the cause. This can include adultery, abandonment, physical or emotional violence, or drug abuse.
In other cases, the divorce can simply be the result of incompatibility or a desire to move on. Marital fault may or may not be a factor in a divorce case. But understanding marital fault can be an important part of protecting your legal rights.
Marital Fault in Georgia
Georgia state laws allow no-fault divorces to take place. This allows couples to divorce without having to demonstrate that someone is at fault.
Many states have eliminated the need to show marital fault when filing for divorce. But Georgia allows for both fault-based and no-fault-based divorces to be carried out.
Judges can consider marital fault when making important decisions related to alimony the division of property, and other aspects of the marriage. But you’ll need to prove marital fault to the courts if you decide to use it as grounds for your divorce.
Consulting with an attorney can help you determine how you can demonstrate marital fault. But the occurrence of misconduct isn’t enough to justify your case. You must show that the person’s actions are the reason why you’re choosing to get a divorce.
This is important to consider in cases where one spouse forgave the other for desertion, adultery, or other misconduct and chose to remain in the marriage.
In addition to determining whether a spouse will receive alimony, a court judge may consider misconduct when determining the total amount of spousal support to be awarded.
The Differences Between Fault and No-Fault Divorces
The process required to carry out a no-fault divorce is typically easier than fault-based divorces. Neither party has to provide evidence of any misconduct.
This can be the best option for couples who want to avoid lengthy and costly legal proceedings. But if one person’s misconduct will influence property and alimony decisions, then proving fault can be worthwhile.
Protecting Your Legal Interests in a Divorce
Deciding to base your divorce on a marital fault or not is a decision you should make early on in the process.Adultery can be used as grounds for divorce, even in cases where adultery was committed after filing for divorce or separation. Individuals can use circumstantial or direct evidence to prove that a spouse committed adultery.
Inflicting physical or emotional harm can also be used as grounds for divorce as well as the willful desertion of one spouse lasting for one year. Your attorney can help you meet the requirements for demonstrating desertion in your divorce.
Marital fault can play a significant role in deciding how much alimony is granted and how your marital property will be divided in your divorce.
Knowing how marital fault can impact your case is essential to getting the outcome you want. An experienced family law attorney can give you the resources you need to protect your wellbeing and financial interests for the future.