Saturday, February 11, 2012

Are Simple, No-Fault Divorces Good or Bad?


I just read another blogger's post in which that blogger, (who will not be identified here), expressed an opinion that no-fault divorces are a bad thing.  In other words, that blogger believes that it should be more difficult for people to get a divorce.  I assume that blogger probably also believes that divorce is morally wrong.  What do you think?

As for me, obviously, since I am an Augusta, Georgia divorce lawyer, I support  Georgia's law which makes it relatively easy to get a divorce in this state without having to prove a fault ground, such as adultery, addiction, or cruel treatment.  In Georgia, a person must simply allege that the marriage is "irretrievably broken."  In short, he or she will then be entitled to get a divorce without having to allege or prove any fault grounds. 

It is not that I necessarily view divorce as a "good thing." No one really believes that.  However, I would hate to see our state make it more difficult for a woman to get out of a violent, abusive marriage.  In other words, in my opinion, no one should be forced to stay in an abusive relationship just because they cannot prove adultery, or another fault ground.  

In addition, I believe that Georgia courts should not be unduly expensive for folks who cannot afford contested divorces, which can cost thousands of dollars, (in contrast to much cheaper simple, uncontested divorces).  For instance, as divorce attorneys at the Goolsby Law Firm, LLC, in Augusta, GA, we often handle simple, uncontested divorces, with children, for as low as $500, plus costs.  Even then, we often see folks who struggle to afford it.  Justice should not only be for the wealthy!  Laws allowing relatively easy, cheap no-fault divorces are therefore necessary, in my opinion.

What is your opinion? 

2 comments:

  1. Increase in the number of divorces in 2010 ( bit slow on the figures coming through) blamed on the recession and not on affairs, survey of lawyers stated more people get divorced because they have gone off their partner not because one has had an affair.

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  2. Great post! No one gets married intending to get divorced, but there are circumstances where you just "have" too, as you stated, abuse etc... Sometimes it is a mutual decision...why make it harder than it needs to be...being "no fault" makes that life changing event sometimes a less stressful, especially when children are involved.

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