Defenses to Divorce
Legal defenses available to a spouse contesting a divorce in Georgia.
All Posts in Defenses to Divorce
Can Unclean Hands Get a Georgia Divorce Dismissed?
Georgia's unclean hands doctrine does not reach a divorce complaint, because the subject matter of the case is the marriage, not the lawsuit.
Read MoreDefending a Georgia Divorce by Saying There Was Never a Valid Marriage
A Georgia divorce can be met with the defense that a party was never able to contract the marriage, but capacity is judged as of the wedding day.
Read MoreDefenses to a Divorce in Georgia
Georgia law gives a divorce defendant four statutory bars plus several defenses that come from outside the divorce statute.
Read MoreDenying the Allegations in a Georgia Divorce
You do not need a named legal defense to fight a Georgia divorce. Denying what your spouse alleged puts your spouse to proof.
Read MoreMotion to Dismiss, Plea, or Answer in a Georgia Divorce?
Georgia divorce defenses go in a motion to dismiss or in your answer, and the label matters far less than getting the defense in front of the judge.
Read MoreWhat Happens if a Spouse Dies During a Georgia Divorce?
A Georgia divorce case ends when a party dies before the decree, and the equitable division claim ends with it.
Read MoreWhat to Do When Your Spouse Amends the Divorce Petition
In Georgia, anything new in an amended petition automatically stands denied, and you generally get fifteen days to respond if you want to.
Read MoreAmending Your Answer to Recriminate on New Grounds in Georgia
A Georgia spouse can amend the answer to recriminate on misconduct that happened after the divorce was filed, and striking that amendment is reversible error.
Read MoreAsking for a Divorce in Your Answer in Georgia
OCGA 19-5-6 lets a Georgia spouse recriminate in the answer and ask for a divorce, so that the court can grant the divorce to the defendant instead of the plaintiff.
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