In essence, a divorce is the dissolution of marriage between two individuals. However, in reality, there are several ways in which this marriage annulment can be achieved. If you have legal questions about how to file for divorce near Cumming, working with an attorney specializing in family law can provide the counsel you need during this time.
Most divorces in the state of Georgia are no-fault divorces. In a no-fault divorce, the spouse filing for the divorce needs only to state that the marriage is “irretrievably broken” due to differences, rather than through any fault of the parties involved. During a no-fault divorce, the court will not consider any claims of wrongdoing as grounds for the marriage annulment.
If one spouse has committed actions that led to the breakdown of the marriage, such as adultery or abandonment, the wronged spouse may file for a fault divorce. This type of divorce requires the filing spouse to show some proof of the wrongdoing. If a fault is proved, it may or may not affect the other terms of the divorce, such as child custody and visitation rights or the division of assets.
During an uncontested divorce, both spouses agree that the divorce is necessary and both parties proceed with the terms of the divorce in a collaborative manner. This may include meeting or communicating to resolve issues such as child custody and support payments, asset division, and other legal considerations.
Contested divorces occur when both spouses do not agree on some aspect of the divorce, such as the party at fault for the marriage annulment, the terms of property division, or the best plan for child custody, visitation, and support. When a divorce is contested, each party’s lawyers and a judge will step in to address the issues; in some cases, a contested divorce can become an uncontested divorce if agreement regarding the contested issues is reached during mediation.