Grounds for Divorce in Georgia

In Georgia, there are 13 grounds for divorce you may choose to cite:

  1. Your spouse is too closely related to you (with sperm donors, yes, it can happen).
  2. Mental incapacity at the time of marriage.
  3. Impotence.
  4. The marriage was obtained under duress or through fraud.
  5. The wife was pregnant with somebody else’s child at the time of marriage.
  6. Adultery.
  7. Willful desertion of one year or more.
  8. Conviction of a “crime of moral turpitude” with a jail sentence of 2 years or more. This means certain felonies that include murder, visiting a prostitute, certain theft, not filing your tax returns repeatedly, etc.
  9. Habitual intoxication.
  10. Addiction to a controlled substance.
  11. Physical or mental abuse.
  12. Incurable mental illness.
  13. Irretrievable breakdown of the marriage.

Georgia is one of the few states in the U.S. that does not permit no-fault divorce. You must establish grounds for divorce. If you wish for a no-fault divorce, then stating that your marriage is irretrievably broken is your best option.  

No matter which ground you state, it is important to convince the judge that your grounds hold true, by establishing the appropriate evidence. 

How Can Fault Affect My Divorce Case Outcome?

Fault can greatly impact the outcome of your divorce case in the state of Georgia. 

For example, Judges could award a larger share of property to the spouse they see as a victim. If it is effectively proven that your poor behavior caused the divorce, your divorce settlement could be impacted. In cases of adultery for example, the at-fault individual will potentially be ineligible for alimony. 

In cases of physical abuse, mental abuse or a domestic violence conviction, it’s not unusual for a judge to award sole custody of any minor children to the other spouse. 

Before choosing your fault ground for divorce, it is important to obtain experienced legal counsel. The attorneys at O’Driscoll Keller Law Group will take the details of your unique situation into account, in order to build an effective case. Ensure that your post-divorce future is a bright one, by contacting our firm

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