If you are considering a divorce in Georgia, it is essential to learn about the legal grounds of the procedure. This can determine the course of action for your case and the type of divorce you seek. A separation can come with stress and challenges, so it is best to be prepared and evaluate your options.
Uncontested divorce
In Georgia, you can have an uncontested or contested divorce. The difference between both options is that the first happens when both parties agree on the divorce conditions. If you and your soon-to-be ex-spouse can reach an agreement, this might be an option for you.
Usually, the grounds for an uncontested divorce are an irretrievably broken marriage, meaning no one is at fault. In these circumstances, you must agree to the terms of the separation to avoid a lengthy court process. Still, if you have disagreements but are open to negotiation, you can try mediation before resorting to litigation.
Contested divorce
If one spouse disagrees with the grounds or terms of the procedure, you could be facing a contested divorce. In these circumstances, a petitioner might file for at-fault divorce grounds, augmenting that one of the parties is responsible for the separation. Still, this type of divorce can entail a lengthy legal procedure. Examples of at-fault divorce grounds are as follows:
- Adultery
- Constant intoxication
- Infliction of physical or mental pain
In Georgia, it is not necessary for one party to be at fault for the divorce. However, if you want to file for at-fault divorce grounds, you can hire an attorney to evaluate the viability of a favorable outcome in your case. It is essential to remember that if your spouse disagrees on the grounds of the divorce, you will need proof of your arguments.