Defenses to Divorce
Legal defenses available to a spouse contesting a divorce in Georgia.
All Posts in Defenses to Divorce
The Like Conduct Defense in a Georgia Divorce
Georgia law says no divorce shall be granted where both spouses are guilty of like conduct, which can leave a married couple that both want out still married.
Read MoreWhat Is Recrimination in a Georgia Divorce?
Recrimination is answering a Georgia divorce petition with your spouse's own misconduct, either to win a divorce yourself or to stop theirs.
Read MoreWhat Qualifies as "Like Conduct" in a Georgia Divorce?
Georgia's courts have never fully defined like conduct, but they have made clear it means the same ground for divorce rather than misconduct of comparable seriousness.
Read MoreWhen Both Spouses Claim Mental Cruelty in Georgia
Two very different sets of complaints can still be like conduct in Georgia if both amount to mental cruelty, which means neither spouse gets a divorce.
Read MoreWhen Must a Georgia Judge Charge the Jury on Like Conduct?
If there is evidence that both Georgia spouses are guilty of like conduct, the judge must charge the jury on the bar even if neither side asks for it.
Read MoreCan a Contract Require You to Separate or File for Divorce in Georgia?
A Georgia contract obligating spouses to live apart or to obtain a divorce is void, but a support agreement signed after they have already separated is not.
Read MoreCollusion as a Defense to Divorce in Georgia
Georgia will not grant a fault-ground divorce that the spouses arranged between themselves for the purpose of ending the marriage.
Read MoreDid No-Fault Divorce End Georgia's Collusion Rules?
Georgia's courts say the 1973 no-fault ground changed the state's public policy on divorce, but the collusion bar was never repealed.
Read MoreDoes a Settlement Agreement Count as Collusion in a Georgia Divorce?
A normal Georgia divorce settlement dividing property, setting custody, and waiving service is not collusion and does not bar the divorce.
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