Divorce laws for previous generations often revolved around fault. One person had to prove that their spouse was at fault and caused the divorce. Common reasons for this were cruelty, abandonment, domestic violence or infidelity.
Today, however, people in Georgia can use no-fault divorce. They don’t have to blame their spouse. They don’t have to prove that their spouse caused the divorce or was responsible in any way. Does this mean that they can now get divorced for no reason at all?
Irreconcilable differences
The reality is that a reason is still needed in most divorce cases. But since couples do not have to prove fault, they will cite things like irreconcilable differences or the irretrievable breakdown of the marriage.
Essentially, they are just saying that the relationship is falling apart and they don’t think that there is any way that the two of them can fix it. They would be happier if they got a divorce, so they want to move to end the marriage, even though there hasn’t been any instance of abuse, infidelity or anything of this nature.
So, while no-fault divorce does remove the requirement to prove the other person was responsible and caused the divorce, it doesn’t mean that people are getting divorced for no reason. It just means that they are getting divorced because they want to – and the law considers that to be reason enough.
The legal process
No-fault divorce is simpler than a fault-based divorce in many ways. But it can still get complicated, so those involved need to know about all of their legal options.