Blawg of Attorney Christine M Bechtold

If your spouse has been away from your marriage, you should consult an attorney to protect your legal interests. People sometimes ask if they can have a divorce based on the fact that their spouse has left them. The simple answer is yes, but it may be difficult to prove. In Georgia there are 13 grounds for divorce, 12 of which are fault grounds, meaning that the divorce is the result of one spouse’s behavior. O.C.G.A. § 19-5-3 .  Desertion is the willful and continued desertion by either of the parties for one year. GA Bar . In order to have a fault divorce based on desertion, you must show that your spouse has been away from your marriage for 12 consecutive months and that they were away willfully. This reason for divorce is not common because most people obtain a legal separation of divorce prior to a year long separation. Additionally, if spouses have been apart for a year they have likely already separated their assets and debts and an uncontested, or no-fault, divorce may b

Many people have heard the word alimony but aren’t sure exactly what it is. When a couple is divorcing their once shared assets are divided up and that may include a sudden decrease in previously shared income for one spouse. Alimony can be appropriate in any divorce where one spouse earns less than the other and they are in need of financial support during a divorce. “Alimony is payment by one spouse to the other for support and maintenance.” GA Bar. Alimony is either ordered as temporary or permanent. Temporary alimony is ordered in the amount needed to keep things as they are while the divorce is in process, while permanent alimony is awarded when the divorce is final for long-term support. As with many issues in divorce, spouses can agree to the terms of the alimony on their own. Typically in uncontested divorces alimony is not seen, but if the parties agree otherwise, it can certainly be part of their final divorce. If the parties cannot agree on alimony, and one party is reque