No-Fault vs. Fault Divorce: What You Need to Know

Georgia offers both no-fault and fault-based divorce options. A no-fault divorce is based on the assertion that the marriage is "irretrievably broken," meaning there is no reasonable chance of reconciliation (O.C.G.A. § 19-5-1). This is the most common and straightforward method for divorce. A fault-based divorce, on the other hand, involves proving that one spouse’s misconduct, such as adultery or abandonment, led to the breakdown of the marriage. While fault may not significantly impact property division, it could influence alimony or custody decisions in certain cases (O.C.G.A. § 19-5-3). Choosing between a no-fault or fault divorce depends on the circumstances and the specific goals of the party seeking the divorce.

If you or someone you know needs help with any of these family law matters, please contact our office at 770-741-1570 or visit us at www.chisolmtrimblelaw.com. We have been named one of Georgia’s top 10 family law firms, and our Managing Attorney has been selected as one of Georgia’s SuperLawyers. Let us help you navigate these challenging legal matters with expertise and care.