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DOES GEORGIA HAVE NO-FAULT DIVORCE?

All states now offer some form of no-fault divorce. In 1973, Georgia adopted its version, a 13th ground for divorce that does not require a showing of fault: "The marriage is irretrievably broken." For this basis of divorce, parties do not have to complain of the other party's conduct for a divorce to be granted. It is sufficient that one or both parties refuse to cohabitate and there is no chance for reconciliation. It should be noted, however, that Georgia law does not require a showing that the parties to a divorce action made a good faith effort at either maintaining their marriage or at reconciliation. Also, Georgia does not require couples therapy prior to the granting of a divorce. Parties can allege other fault-based grounds for divorce, such as adultery and cruel treatment, along with the basis that the marriage is irretrievably broken. However, it should be noted that if the no-fault basis that the marriage is irretrievably broken is the sole ground for the divorce action, the action is lost and cannot be revived if the parties reconcile and cohabitate while the divorce is pending. This means that, under these circumstances, if the parties separate again after reconciling, a new divorce action would have to be filed. If you have questions about no-fault divorce in Georgia, contact an experienced divorce/family law attorney at The Faucette Law Firm (770) 485-6620.

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Faucette Law Firm, LLC - Douglas County Family Law Lawyer
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3400 Chapel Hill Rd#100 Douglasville, GA 30135. View Map
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