Option One, a 'No Fault' Divorce

If you are seeking a divorce, a no-fault divorce may save you money and time as you do not have to prove that your spouse caused the marriage to break up due to an issue such as adultery or spousal abuse. However, in the even that your partner was at fault, you could likely receive a larger share of the marital assets. If you and your spouse reach an agreement as to how to divide the marital assets as well as other support issues like: alimony, child support, and custody issues, the actual divorce can be straight forward, less costly, and completed in as short as 45 days. However it is important to ensure that your interests are protected and that you and your attorney cover in detail the unique aspects of your portfolio.


Option Two, an 'At Fault' Divorce

In Georgia, you can be granted a divorce based on 1 of 13 statutory grounds for fault. To do this you, must prove that your spouse is at fault for breaking up the marriage. The decision to proceed with an at fault divorce should be discussed with your attorney, as proving your spouse is at fault could likely allow you to receive a greater percentage of assets from your spouse.


Where is the Proper Jurisdiction to File for Divorce

You must to file for divorce in the state where you lived in the marital residence.However, Georgia also has a residency requirement that you live in the state for 6 months before filing for divorce.


Is there an Advantage to Filing Before Your Spouse Does

In many cases, divorce proceedings may drag on for some time, so be prepared for the long haul. If you suspect your spouse may file for divorce it may be advantageous to win the 'race to the courthouse' and file first. By filing first you would be the Plaintiff and the individual seeking the divorce. However, if your spouse files for divorce before you do, do not worry, as you will have 30 days to answer their "Complaint" for divorce, and in that Answer you can include a "CounterClaim" for divorce alleging why you should be granted a divorce from your spouse.