In Georgia, when a couple decides to divorce, that divorce can be filed on a “fault-based” or “at-fault” basis or a “no-fault” basis. In a fault-based divorce, one or both parties have committed some particular act responsible for the ending of the marriage, such as adultery, abuse, or developed a drug or alcohol problem.
Most divorces in Georgia, however, are filed on a no-fault basis, meaning that no one party bears the responsibility for the marriage ending. The reason for the divorce is cited in the divorce petition as “irreconcilable differences.”
How Are Assets Divided in a No-Fault Divorce?
In determining how the couple’s assets will be divided among them, the offending party in an at-fault divorce typically receives a smaller portion of the assets or none at all. In a no-fault divorce, the party’s assets are divided equitably.
Note that this does not mean the assets will be divided equally in a 50/50 split. Instead, the court will evaluate each person’s financial need and how much they contributed to the couple’s shared assets and then distribute them according to that evaluation.
Alternatively, if the couple decides how they want to divide their assets ahead of time, the court will consider their wishes.
What Are the Advantages of a No-Fault Divorce?
While the court proceedings in granting a fault-based divorce can be long and expensive, the process of getting a no-fault divorce is typically considerably faster and lower in cost.
No-fault Divorces Are Faster
In Georgia, a couple is not required to go through a trial separation before a divorce is granted, so a divorce can be granted almost as soon as the petition is filed. If asset distribution has been settled and there are no child custody issues, a no-fault divorce can be finalized as soon as the petition makes it onto the court docket.
No-fault Divorces Are Less Expensive
Without the legal battle associated with assigning blame and defending oneself against the spouse’s allegations, no-fault divorces require considerably less consultation with attorneys, mediators, or other legal professionals, saving both parties money over a fault-based divorce.
Even a no-fault divorce can be challenging. Turn to the skilled attorneys at EMC for help.
Our attorneys are experienced with divorce law and will act on your behalf to help ensure you’re properly and fairly represented throughout the process. Tell us about your situation today: 770-225-7000