GROUNDS FOR DIVORCE IN GEORGIA
Although the divorce laws in each state varied significantly, all jurisdictions require spouses to furnish the court with a legally acceptable cause, or grounds, for ending their marriage. Identifying the grounds for divorce entails informing the court of the exact cause for the breakup of your partnership.
Georgia does not allow for no-fault divorce. You and your partner must pick one of thirteen grounds for divorce, ranging from irreconcilable differences to behaviour grounds like brutal treatment and infidelity. Divorce problems like marital property split, alimony, and child custody might be influenced by the grounds you pick. But before getting into the grounds for divorce, let us first understand what is fault and no-fault divorce.
Fault v. No-Fault
As previously stated, obtaining a divorce in Georgia does not need establishing blame, indicating that Georgia is not a fault-based jurisdiction. There are, however, grounds for divorce that do constitute a condition of culpability among the 13 grounds for divorce.
This option for fault-grounds in Georgia is such that, yes, one spouse can claim the other is to blame for the marriage’s collapse. Adultery, abandonment, psychological incapacity at the time of marriage, marriage between too closely related people, infertility at the time of marriage, force or deception in obtaining the marriage, conviction and incarceration in certain crimes, mental or physical abuse, compulsive intoxication or drug dependency, and mental illness are some of the fault grounds for divorce.
Grounds for Divorce
Title 19 – Domestic Relations Chapter 5 – O.C.G.A. The Georgia Code Title 19 – Domestic Relations Chapter 5 – O.C.G.A. 19-5-3 (2010) – The precise text of Georgia’s legislation addressing grounds for complete divorce may be found in 19-5-3.
- Adultery refers to extramarital sexual interactions that are not mutually agreed upon.
- Conviction for a crime of moral turpitude that carries a sentence of two or more years in prison.
- Any verifiable proof or demonstration of mental or physical abuse is considered cruel treatment.
- When you use force, duress, or deception to persuade your spouse to marry you when they would not otherwise agree, you are successfully influencing them.
- Habitual Intoxication/Addiction to Alcohol without Taking Action to Address Their Issues
- Habitual Addiction/Intoxication including medications and/or illicit drugs, with little effort taken to address the issues.
- If at the time of the marriage, there was mental incompetence. This usually implies that you or your spouse were incoherent or unable to think clearly at the time of the ceremony. This can include those who had a history of mental illness, were highly inebriated or under the influence of narcotics at the time of the marriage, or had comparable circumstances.
- Impotency at the time of your marriage, with or without your knowledge of the condition.
- Intermarriage between people from close family lines in which the husband and wife have connections that would be considered incest.
- Incurable Mental Illness, which needs formal evidence from at least two psychiatric specialists or physicians, as well as a history of being hospitalized.
- “Irretrievably Broken”, also called as irreconcilable differences, necessitates both divorce parties’ consent. This ensures a certain measure of anonymity when it comes to divorce details.
- Prior to the wedding and without the knowledge of the husband, the woman became pregnant without the knowledge of the husband.
- Willful Desertion (abandonment) occurs when one spouse quits the marriage for a period of one year or more with no intention of returning.
Things to Remember
In general, the reasons for having a divorce might have an impact on how your divorce is resolved. The specifics around the reasons for divorce usually play the most important role, especially when seeking a contested divorce in Georgia.
Many uncontested divorces with minor dispute, especially those without children, cite irretrievably broken and avoid significant public revelation of facts. If the circumstances of your marital life contain crime, flagrant or scandalous actions, a court may apply prejudice in the ultimate terms of the divorce, whether the divorce is uncontested or disputed.
Certain causes for divorce might be advantageous from a strategic standpoint. Divorce grounds that reflect inappropriate behaviour might lead to a feeling of “at fault,” which can influence alimony award judgements (spousal support) as well.
