Sometimes, couples just cannot get along. This is the premise behind Georgia no-fault divorce. Neither spouse is cheating, neither is abusive, nor is there any allegation of any other impropriety. Most often the cause of the divorce is listed as ‘irreconcilable differences.”
No-fault divorce has been the subject of controversy since it was first recognized in the 70s. Pro-family groups say it makes it easier for couples to just divorce and not work out the marriage. Some women’s groups feel that abusive spouses are able victimize women again by getting a no-fault divorce that does not lay blame on either party and leaves abused women with no financial protection. If you and your spouse are considering a no-fault divorce, here are some things you should consider:
- In a no-fault divorce, the judge will likely decide custody, spousal support and how to split the assets unless you can work out an agreement among yourself. If the divorce is amicable (as many no fault divorces are) there is a good chance the divorcing parents can work out an agreement. While the decision is still up to the judge, he or she will likely consider the wishes of the parents if those decisions are in the best interest of the children.
- If your husband or wife is trying to convince you to divorce and you want to work on the marriage, he or she will likely be granted a Georgia no fault divorce anyway. Because he or she is not required to prove fault, he or she can cite “irreconcilable differences.” About 80 percent of no-fault divorces are wanted by only one of the spouses.
- Divorces move through the courts quicker. In Georgia, the waiting period for a no-fault, uncontested divorce is 30 days. If the spouses are fighting over assets or children, divorces can take up to a year or more.
- A no-fault divorce is often less expensive if agreements exist on both sides as to the division of assets and child custody issues.
Before you consider a no-fault divorce, you may want to seek legal counsel on your own. Often spouses are convinced to a no-fault divorce under the threat of a lengthy court battle or financial pressure by the other spouse. Coercion or fear is not a reason to enter into a no-fault divorce. A good attorney can advise you as to whether or not it is right for you and your family.
Michael Waddington is a trial attorney that has been quoted by hundreds of major media sources to include USA Today, Washington Post, New York Times, Newsweek, Fox News, Fox and Friends, CNN, MSNBC, CBS News, ABC News and many others. He is the founder of the legal marketing firm, Legal Niche Pros, LLC. Learn more about Georgia family law at one of his sites: Macon Georgia Divorce Lawyer
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