Defenses to A Divorce
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)