Grounds for Divorce
Divorce laws vary from state to state and while many States like Georgia have set a “no-fault” status for divorcing couples, the state of Georgia recognizes grounds for divorce under any of the following conditions:
- The marriage is irretrievably broken (this is often referred to as the no-fault divorce) – if one party refuses to live with the other and there is no hope of reconciliation, whether or not the other spouse agrees and/or there is fault or wrongdoing by either party, the divorce cannot be contested, but issues such as child custody/visitation/support, alimony, property and debt division are still open to litigation.
- ntermarriage by people prohibited to marry based on degrees of kinship
- Mental Incapacity
- Force, menace, duress or fraud in obtaining the marriage
- Pregnancy by a man other than the unknowing husband
- Adultery — if your affair was the cause of your divorce, you are disqualified from filing for alimony with one exception: if the affair was forgiven, the court may find that the conduct was condoned and therefore disqualified as a valid ground for divorce in Georgia.
- Desertion: Must have been willful and have lasted at least one year.
- Conviction of a crime that results in a prison sentence of two years or longer
- Habitual intoxication
- Cruel Treatment — the judge may award a larger share of marital assets to the spouse deemed an innocent victim.
- Domestic violence conviction could change child custody decisions.
- Incurable mental illness
- Habitual drug addiction
Bill will assist you and give you the peace of mind that you deserve as you navigate the legal process of determining your divorce case. He will fight to ensure that your rights and interests are protected.
At Fryer, Shuster & Lester, P.C. we deal with all types of family law cases, including those involving: adoption, child custody and visitation, children’s rights, child support, paternity, legitimation, marriage and pre-marital agreements, separation agreements, divorce, military divorce, spousal support and alimony, equitable division of marital property, modification, enforcement (contempt), elder law matters, general estate planning, cohabitation agreements, pre- and post-nuptial agreements, and other legal issues pertinent to the family. We recommend that you contact us as soon as possible. We represent clients throughout the entire Atlanta area including the communities of Dunwoody, Sandy Springs, Roswell, Decatur, Marietta, Stone Mountain, Lawrenceville, Cumming, Forsyth County, Smyrna, Alpharetta, Douglasville, Lithonia, Tucker and Snellville. We represent clients throughout the entire Atlanta area including the communities of Dunwoody, Sandy Springs, Roswell, Decatur, Marietta, Stone Mountain, Jonesboro, Acworth, Kennesaw, Smyrna, Powder Springs, Alpharetta, Douglasville, Lithonia, Tucker, Snellville and Lithia Springs. Please click on the bio of William R. Lester here to learn more about his practice or click here to read some client testimonials. Please also feel free to utilize our family law resource links.