In some states, a spouse can obtain a divorce by filing the petition and stating that the marriage is irretrievably broken. It doesn’t matter if the other spouse disagrees; Georgia is not one of those states. The state does allow divorces for that reason, but the person who wants to end the marriage may be forced to do so on a “fault” basis if the other spouse contests the divorce. This can streamline the process, as long as the person has evidence of the fault. Georgia recognizes many circumstances that qualify for a fault-based termination of marriage. A divorce lawyer in Douglasville can review these circumstances with a client and determine whether any are valid to apply to their situation.
Most of the requirements for this petition will not apply. They involve matters such as impotence at the time of the marriage and intermarriage of close relatives. Most people must file within the parameters of cruel treatment or habitual intoxication. Cruel treatment might include physical or mental abuse. Habitual intoxication may not necessarily mean being married to an alcoholic, but to someone who drinks to excess more often than is normally advisable.
Dealing with a contested divorce in Georgia is a matter of litigation, essentially making it a lawsuit. A divorce lawyer in Douglasville generally encourages the spouses to come to agreements about the marriage termination and relevant issues instead of going to court. Those agreements might be made through mediation sessions in which an impartial moderator guides the two individuals to satisfactory resolutions. Going to court costs more than mediation and the divorce process usually takes longer. Judges make the decisions for the spouses, and those decisions may be troublesome in various ways.
Spouses block divorce filings for numerous reasons. The person may feel vindictive and want to stop the spouse from moving on with life. In contrast, the person may truly want the marriage to work out and feels that contesting the divorce might succeed. Anyone dealing with an uncooperative spouse after a divorce filing may visit a website such as Dsternlieblaw.com, the official site of attorney Diane M. Sternlieb.
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