What Causes Divorce: Key Factors and Legal Insights

Divorce is a life-altering event, often rooted in complex personal and legal factors. At Hobson & Hobson, P.C., we leverage over 30 years of combined experience to guide clients through every stage of the divorce process, ensuring clarity, protection, and peace of mind. Understanding what causes divorce, the legal landscape in Georgia, and how to protect your interests is essential for anyone considering or facing this transition.

Divorce Causes: National and Georgia Trends

Recent data reveals that the U.S. divorce rate has been steadily declining, dropping from 3.6 per 1,000 people in 2010 to 2.4 per 1,000 in 2022 (CDC). Georgia’s divorce rate is among the lowest in the country, at approximately 2.1 per 1,000 people, reflecting both shifting societal attitudes and the effectiveness of modern legal and mediation strategies (World Population Review). However, the emotional and financial impact of divorce remains significant for those affected.

What Causes Divorce? The Top Reasons

Understanding what leads to divorce is crucial for both prevention and preparation. The top three reasons for divorce, according to recent studies and expert insights, are:

1. Communication Breakdown

Poor communication is consistently cited as the leading reason for divorce. When couples struggle to express needs, resolve conflicts, or maintain emotional intimacy, the relationship foundation erodes. According to the American Psychological Association, communication issues are a primary factor in up to 65% of divorces (APA).

2. Financial Disagreements

Money is a common source of marital stress. Disputes over spending habits, debt, financial priorities, or income disparities can escalate, leading to resentment and mistrust. Financial incompatibility is one of the top reasons to get divorced, especially in high-asset marriages where complex portfolios and business interests are involved.

3. Infidelity

Infidelity remains a leading reason for divorce. The breach of trust caused by an affair often proves insurmountable, even with counseling. Studies indicate that infidelity is cited in approximately 20-40% of divorce filings (Forbes).

Additional Reasons for Divorce

  • Incompatibility and Growing Apart: Couples may simply grow in different directions, discovering fundamental differences over time.
  • Substance Abuse and Addiction: Addiction to alcohol, drugs, or gambling places immense strain on a marriage, often leading to divorce.
  • Abuse (Emotional or Physical): Any form of abuse is a clear and urgent reason for divorce, requiring immediate legal intervention.

Legal Insights: Georgia Divorce Laws and Procedures

No-Fault and Fault-Based Divorce

Georgia is a “no-fault” divorce state, allowing couples to file for divorce on the grounds of “irreconcilable differences” without assigning blame. However, fault-based grounds — such as adultery, desertion, or cruelty — can still influence alimony, property division, and custody decisions (Georgia.gov).

Property Division

Georgia courts follow the principle of equitable distribution, meaning marital assets are divided fairly, though not always equally. High-asset divorces require careful valuation of businesses, investments, and retirement accounts. Our firm’s special litigation training and use of advanced technology ensure efficient and accurate asset analysis.

Child Custody and Parental Rights

Custody decisions in Georgia are based on the “best interests of the child” standard. Courts consider factors such as each parent’s relationship with the child, stability, and ability to provide for the child’s needs. We are dedicated to protecting parental rights and crafting parenting plans that prioritize the well-being of your children.

Alimony and Spousal Support

Alimony is determined by factors including the length of the marriage, each spouse’s financial resources, and contributions to the household. Our attorneys advocate for fair support arrangements, whether you are seeking or contesting alimony.

Mediation and Amicable Resolutions

Mediation is an effective alternative to litigation, helping couples reach agreements on property, custody, and support without the adversarial nature of court proceedings. Mediation often results in faster, less expensive, and more amicable outcomes. Our team is skilled in guiding clients through mediation, always prioritizing your interests and long-term stability.

Protecting Your Finances and Future

Divorce can have lasting financial implications. We recommend:

  • Gathering Financial Documentation: Collect records of assets, debts, income, and expenses.
  • Understanding Marital vs. Separate Property: Know what assets are subject to division.
  • Consulting Financial Advisors: Especially important in high-asset or complex cases.
  • Establishing Independent Accounts: Protect your credit and financial independence.

Our innovative approach leverages technology to streamline document management, asset tracking, and communication, ensuring you remain informed and empowered throughout the process.

High-Asset and Contentious Divorce Cases

Complex divorces require specialized expertise. Our attorneys have extensive experience handling high-asset divorces and contentious custody disputes. We utilize advanced tools and ongoing training to stay ahead of legal developments, ensuring your interests are protected — whether through negotiation or aggressive litigation.

Why Choose Hobson & Hobson, P.C.?

  • Over 30 Years of Combined Experience: Deep knowledge of Georgia family law.
  • Special Litigation Training: Efficient, effective outcomes in even the most complex cases.
  • Client-Centric Approach: Balancing empathy with assertive advocacy.
  • Five Convenient Locations: Serving Atlanta, Canton, Marietta, Alpharetta, Milton, Roswell, and Duluth.
  • Cutting-Edge Technology: Streamlined, transparent, and organized legal solutions.

We offer initial consultations to discuss your unique situation and help you make informed decisions during this challenging time. Learn more about our services at thehobsonlawfirm.com.

Frequently Asked Questions

What are the top reasons for divorce in Georgia?

The most common reasons for divorce include communication breakdown, financial disagreements, infidelity, incompatibility, and substance abuse. Georgia’s no-fault divorce laws mean you do not need to prove wrongdoing to file.

How does Georgia divide property in a divorce?

Georgia follows equitable distribution, dividing marital assets fairly based on factors such as each spouse’s contributions, financial needs, and the length of the marriage.

Can I get sole custody of my children?

Sole custody is granted when it is in the best interests of the child, considering factors like parental involvement, stability, and the child’s needs. Courts generally encourage shared parenting unless there are issues of abuse or neglect.

How long does the divorce process take in Georgia?

Uncontested divorces can be finalized in as little as 31 days. Contested or complex cases may take several months or longer, depending on the issues involved.

Do I need a lawyer for my divorce?

While not required, having an experienced family law attorney ensures your rights and interests are protected, especially in cases involving children, significant assets, or disputes.

Additional Resources

At Hobson & Hobson, P.C., we are committed to providing professional, innovative, and client-focused legal support. Whether you are considering divorce or facing complex family law challenges, our team stands ready to help you achieve the best possible outcome.