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On your wedding day, the last thing you think of is that ugly word divorce. But it happens. And when it does happen, most people are blind sided by confusion, anger and anxiety. Whether you’re thinking about divorce or are just at the beginning, you’ve come to the right place. We’ll connect you with experienced, caring lawyers right in the Atlanta area – lawyers who deal specifically with divorce cases.

Every state, including Georgia requires a spouse to state a legal reason for divorce when they file divorce papers. The reasons stated are used as the grounds for the divorce case.

Fault and No-Fault Divorces

There are actually two types of divorces one can file, fault and no-fault. We’ll describe the differences.

A fault divorce is filed by one spouse under any of these conditions:

Cruelty – Any physical or emotional pain inflicted
Adultery – When one spouse engages in a physical or emotional relationship with another person
Abandonment – Leaving a spouse for a specified amount of time
Prison – If one spouse is imprisoned for a set number of years
Physical Relationship – The inability to engage in sexual intercourse if it was not disclosed before the marriage

Unlike a fault divorce, the no-fault divorce does not require a spouse to prove that the other spouse was at fault. When a spouse files for a no-fault divorce, they must state a reason recognized by the state. This may be irreconcilable differences, irremediable breakdown of the marriage.

Legal Separation and Annulments

In a legal separation, a couple is still married but the court sets determines certain issues such as child custody, support, visitation, alimony, property and debts. However, if the couple cannot reconcile their differences, they must still file for divorce. With an annulment, it’s like voiding the contract of a marriage. An annulment is only granted if the contract has an error. This could include one person being under age without parental consent or lacking the mental capacity to understand the marriage.

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