Georgia "No-Fault Divorce" Law
Experienced Georgia Family Law & Divorce Attorneys
There are thirteen grounds for divorce in Georgia. The thirteenth ground, which was enacted by the Georgia legislature in 1973, requires only that an individual claim that a marriage is “irretrievably broken.” As the Georgia Supreme Court stated in Harwell v. Harwell, 233 Ga. 89 (1974), this is considered a “no-fault” ground for divorce. That is, the spouse seeking a divorce does not need to prove fault.
To
prove that a marriage is "irretrievably broken" in Georgia, one must show by a
preponderance of the evidence that there is no hope of reconciliation. In other
words, a spouse must show that there is no hope that the couple will get back
together. Interestingly, this can be done simply through the testimony of one
spouse; it is of little consequence whether or not the other spouse agrees. Simply stated,
if one spouse wants a no-fault divorce in Georgia, there is little the
other spouse can do about it.
Because proof of fault is not required to obtain a divorce in Georgia on the ground that the marriage is irretrievably broken, the 13th ground often provides the easiest avenue to seek a divorce, and the grand majority of divorces are obtained through the "no-fault" provision.
Getting Started
If you are dealing with a divorce in Georgia, we advise you to speak with one of our divorce lawyers sooner rather than later. The process can be intense and sometimes intimidating, and the help of an experienced attorney who can guide you through the legal process will be invaluable to help protect your interests.
Please note that for a typical divorce, our law firm's standard retainer is
$2,500.00. To set up a consultation, either fill out the brief form to your left
or give us a call. For additional contact information and driving
directions to our firm please visit our
Contact Page. Thank you and we look
forward to working with you.