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Defenses to A Divorce
by: Atlanta Legal Aid Society

DEFENSES TO A COMPLAINT FOR DIVORCE
by Atlanta Legal Aid Society

Divorce is a civil court matter. The first of two spouses to file a Complaint for Divorce is called the "plaintiff". The other spouse is called the "defendant".

The defendant may file an "Answer" to the Complaint for Divorce, file a plea. The defedant can also file a motion to dismiss the Complaint for Divorce. In answer, the defendant can state two or more defenses to the Complaint for Divorce.

  • The defendant may plead that there was a prior existing valid marriage.
  • The defendant may plead insanity at the time of the alleged wrongdoing.
  • The defendant may allege charges against the plaintiff and ask for a divorce.
  • The defendant may plead that the plaintiff committed similar acts (to the grounds that the plaintiff is using for divorce).
  • The defendant can plead that the plaintiff agreed to the conduct with the intent of causing a divorce.
  • The defendant can allege that the plaintiff has condoned this and that cohabitation with the defendant has occurred after the act alleged in the complaint.
  • The defendant can plead that the plaintiff consented to the acts alleged in the complaint.
  • The defendant can allege that the case was filed in wrong county.
  • The defendant can plead that he or she is covered under the Soldiers' and Sailors' Relief Act.

For more information please contact the Atlanta Legal Aid Society or Georgia Legal Services Program office nearest you.

For Clayton, Cobb, Dekalb, Fulton, and Gwinnett Counties, call Atlanta Legal Aid Society: 404-524-5811

For all other counties, call Georgia Legal Services Program:  1-800-498-9469 (toll free)

For Seniors age 60 and older, call the Georgia Senior Legal Hotline: 1-888-257-9519 (toll free)

 

 

Last Reviewed On: 06/30/08
 
 

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This material is copyrighted by either Atlanta Legal Aid Society, Inc. ("Legal Aid") or Georgia Legal Services Program ("GLSP"). Legal information can change rapidly. Provided links are kept updated, permission is given to link to this material from a nonprofit, court or government website. Website material may be printed, copied and distributed only in its original format for non-commercial, informational purposes. The material may not be altered from its original format. Reproducing the material to promote a commercial purpose is expressly prohibited. Commercial enterprises are expressly forbidden from linking to our material or using our material in other ways. Legal Aid and GLSP are not liable for the distribution of out-of-date material or links. To inquire about appropriate use of this material, please contact 404-524-5811.

 

Information Not Legal Advice

LegalAid-GA.org provides general information only. This is not legal advice and cannot replace legal advice. You can get legal advice only from a lawyer.  Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Viewing this web site or sending an e-mail message through this web site does NOT create an attorney-client relationship.
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Copyright and Use Notice

This material is copyrighted by the authoring organization or individual. Legal information can change rapidly. Provided links are kept updated, permission is given to link to this material from a nonprofit, court or government website. Website material may be printed, copied and distributed only in its original format for non-commercial, informational purposes. The material may not be altered from its original format. Reproducing the material to promote a commercial purpose is expressly prohibited. Commercial enterprises are expressly forbidden from linking to our material or using our material in other ways. Legal Aid and GLSP are not liable for the distribution of out-of-date material or links. To inquire about appropriate use of this material, please contact 404-524-5811.

 

Information Not Legal Advice

LegalAid-GA.org provides general information only. This is not legal advice and cannot replace legal advice. You can get legal advice only from a lawyer.  Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Viewing this web site or sending an e-mail message through this web site does NOT create an attorney-client relationship.

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LegalAid-GA is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. This website was produced with funding from the Legal Services Corporation.

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