Atlanta, GA asked in Child Custody, Child Support, Divorce and Family Law for Georgia

Q: How do i file for a no fault divorce with a child involved

My husband doesnt want to file for divorce anymore but i do. We have a 4 year old together. I would really like help figuing this out please

1 Lawyer Answer
Brad Sperr
Brad Sperr
  • Athens, GA
  • Licensed in Georgia

A: A "no-fault" divorce just means that you are claiming irreconcilable differences as the grounds for your divorce. In the past, Georgia law used to require that you have other grounds (such as cruel treatment or adultery) in order for the court to grant a divorce. Now, you simply have to plead that you have irreconcilable differences with your spouse with no hope of reconciliation. The court will grant your divorce on these grounds even if your husband doesn't want a divorce and even if you have children together. The only reason a court wouldn't grant a "no fault" is if you and your husband had since reconciled and your husband moved to dismiss your complaint.

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