Navigating The Road To Divorce
The decision to divorce can be overwhelming. You are faced with changes in every area of your life, worried about your family, uncertain about Georgia laws and where to get family law advice. An experienced attorney can steer you through this chaotic, stressful time to ensure the best possible outcome for the dissolution of your marriage. Our southern Georgia divorce attorney at Dodd & Burnham knows all aspects of domestic relations laws. We can answer any questions you have on matrimonial and family law, including:
- Grounds for divorce
- How to file for divorce
- How property is divided in divorce
- Merits of divorce mediation
Divorce involves not just the end of a marriage, but also domestic relations issues such as custody, child support, alimony, separation agreements and division of property. The Valdosta divorce attorneys at Dodd & Burnham bring over 60 years of combined experience to your case, providing compassionate, vigorous representation in all family law matters.
Defenses In Fault-based Divorce: Recrimination
Recrimination is a traditional equitable defense to fault-based divorce actions and is based on the principle that a person seeking justice must come to court with clean hands. It seeks to avoid divorce on the ground that the petitioner has engaged in conduct that would entitle the respondent spouse to a divorce. For example, if a wife files for divorce on the ground of her husband’s cruelty and if she herself is guilty of committing cruelty against her husband, then the recrimination defense would act to prevent dissolution on the ground of the husband’s cruelty.
Some states consider or did consider recrimination to be a comparative defense, rather than an absolute defense, in fault-based divorce proceedings. Before the introduction of no-fault grounds of divorce, recrimination worked as a counterclaim defense. If the fault counter-alleged by the respondent is more severe than that the petitioner claims, then the court may grant divorce relief to the respondent. It is conceivable that such a scenario could shift the formulation for child custody and support, alimony, fees and costs, and perhaps even property division in a case.
Most states have abolished or limited recrimination as a defense in fault-based divorce. One reason for the restriction is that the recrimination concept invites acrimony and exaggeration of the parties’ differences, which might make the marital relationship even less viable. Some states do not consider recrimination as a bar to granting divorce, but rather as one factor to be considered in a case. Of course, there is no role for recrimination in pure no-fault divorce states.
Committed To Finding The Best Possible Solution
Roger Dodd and Michael Burnham have extensive divorce law experience, as well as, invaluable knowledge of the Georgia court system, domestic relations and divorce law. During a painful time in our clients’ lives, a qualified divorce attorney can be a crucial ally, providing informed advice on a host of family law issues, while ensuring your case runs smoothly in court.
When the prospect of divorce renders your future uncertain, consult our divorce law firm for steady, skilled advice on securing the best outcome for yourself and your family. Our domestic relations lawyers can also represent you in prenuptial and postnuptial agreements as well as post-divorce modifications, should you need to re-examine your divorce agreement.