The more the two of you can agree on, the easier and less costly it will be.If you reach an agreement on all issues, the divorce is "uncontested," and may be granted 31 days after everything is filed.
Provided you inform the court that there is no hope for reconciliation, Georgia judges will make no further inquiry into the reasons.
Moreover, Georgia courts allow either spouse to file a divorce petition on no-fault grounds, even if the party filing the petition is the spouse who commits adultery during the separation.
Since Georgia continues to recognize your legal marriage during periods of pre-divorce separation, the fact that your spouse commits the adultery during this separation period doesn’t preclude you from filing for divorce on adultery grounds.
In reality, proving that the post-separation adultery was predominantly responsible for the breakdown of your marriage is difficult.
Proof of adultery prior to separation will be much more relevant to the court.
In the event you do convince the court that your spouse's adultery caused the breakdown of your marriage, Georgia judges have the authority to stray from the typical 50/50 split of marital assets and award you a larger percentage.
When the adultery doesn’t occur prior to the separation, the court will assume there are other reasons that caused you and your spouse to separate initially.
Moreover, despite the fact that Georgia courts rely on circumstantial evidence in cases of adultery, it’s still extremely challenging to prove your spouse's infidelity.
Some people request separate maintenance because of religious beliefs, to keep a legal benefit (insurance or Social Security, for example) or other reasons. To obtain a "no-fault" divorce, one spouse must simply state a belief that the marriage is over, or “irretrievably broken.” Most divorces in Georgia are no-fault divorces.