Either spouse can get a no fault divorce easily by stating in divorce papers that the marriage is “irretrievably broken,” without any requirement for proving any fault.

The spouses need not be living separately at the time of filing the petition. Spouses may be considered separated even if they are staying in the same house if they are not sharing the same room and/or not having a sexual relationship.

A Marital Settlement Agreement is a vital part of divorce. A marital settlement agreement is the agreement that lays down everything the spouses agree to regarding property, custody, and support. It includes:

• how they intend to divide assets and debts

• agreements about child and spousal support

• how they will share parenting responsibilities, and how they will deal with any issues that come up relating to raising their children, and

• how they will deal with any conflicts that arise later.

Cruel treatment is one of the reasons for divorce in Georgia. A spouse in physical danger from the other spouseshould do either or both of the following:

• Move out of the house quickly, taking the children along. See a lawyer and file for custody right away, to make sure he or she not accused of kidnapping.

• Move court and obtain a restraining order, ordering the other spouse to move out and stay away from the house.