A no-fault divorce in Georgia is not awarded to a winner. It is granted to both spouses.
The Reason
The rule follows from the ground itself. As Herring v. Herring, 237 Ga. 771 (1976), reasoned, “[s]ince a finding of irretrievable brokenness is one not requiring a showing of fault, it follows that a divorce granted on this ground should be granted to the parties equally.”
There is no fault to assign, so there is no party to grant the divorce against.
It Is Error to Do Otherwise
This is not merely a convention. In Dickson v. Dickson, 238 Ga. 672 (1977), the wife had sought a divorce on the irretrievably broken ground while the husband counterclaimed for divorce on grounds of cruel treatment and adultery. The trial judge granted the divorce on the no-fault ground, but awarded it to the wife alone.
The Georgia Supreme Court held that was wrong. Quoting Herring, it directed “the trial judge . . . to issue a new order in which the divorce is granted to both parties.”
What It Does Not Mean
Do not read this as a statement about the rest of your case. The same decree that grants the divorce to both parties can still divide property unevenly, award alimony to one spouse, and place custody with one parent.
Granting the divorce equally is a statement about the ground, not about the outcome. As Dickson put it elsewhere, in a no fault divorce “the assignment of blame is irrelevant” to whether the marriage ends.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!