Can I Stop My Divorce?
Along with every other U.S. State, Georgia has a no-fault divorce law. In Georgia, a person can file for divorce on the grounds that their marriage is ‘irretrievably broken’. This means that they do not need to ‘prove’ that anyone was to blame for the separation.
In effect, the state’s no fault law means that neither spouse has the unilateral authority to stop a divorce. If your partner wants to get a divorce in Georgia, they will eventually be able to do it. Your spouse does not need your permission, and they do not need to prove that you engaged in any type of misconduct, or even did anything wrong at all.
However, while you cannot simply stop a divorce on your own, you do have some options available to slow down the process. During this time, you may be able to repair your marriage or work out a more fair divorce settlement.
Both Spouses Can Agree to Withdraw a Divorce Filing
If your divorce has not yet been finalized, then the case can still be withdrawn. To get a divorce filing dismissed in Georgia, both parties need to agree that they want the case to be withdrawn. If your spouse has filed for divorce, and you believe that the marriage can still be fixed, your spouse may be willing to withdraw the case.
Of course, this is an extremely sensitive issue. As difficult as it is, divorce is the right option for some couples. Your spouse may have already made up his or her mind. That being said, in many cases, it is worth discussing the issue. You and your spouse may be able to work through your problems through professional counseling.
You Can File an Answer or Counterclaim
If you have been served with divorce papers, one of the biggest mistakes you can make is to simply not respond. Ignoring the issue will not make your divorce go away. Quite the contrary: If you fail to respond to divorce papers, the divorce will be finalized even more quickly. This is because a default judgement will almost certainly be entered against you. This means that your spouse will largely control the terms of your divorce. It is in your best interest to file an answer or counterclaim to divorce papers. At this point, your divorce will be contested. You and your spouse will have an opportunity to work through your issues in order to come to settlement terms on your divorce. If settlement terms cannot be reached, then the case will go to court.
Contact Our Georgia Divorce Attorneys Today
At Mitchell & Crunk, our top-rated Georgia family law attorneys have deep experience handling complex divorces cases. If you need help with your divorce, or if you’re asking “can I stop my divorce?”, please contact our law firm today for a free case evaluation. From our offices in Winder and Commerce, we represent family law clients throughout the region, including in Lawrenceville, Monroe, Auburn, Statham, Hoschton, Athens, Jefferson, Apple Valley, Nicholson, Braselton, Homer, and Watkinsville.