Grounds for Divorce in Georgia
Georgia is not a no-fault divorce state. For you and your spouse to obtain a divorce, you must choose one of 13 grounds, which range from irreconcilable differences to conduct grounds such as cruel treatment and adultery. The grounds you choose can have an effect on divorce issues such as marital property division, alimony and child custody.
At The Siemon Law Firm, our lawyers are here to advise you concerning grounds for divorce in Georgia. With offices in Alpharetta, Cumming and Atlanta, we represent men and women throughout the Atlanta metropolitan area.
What Are the 13 Grounds for Divorce in Georgia?
The 13 grounds for divorce in Georgia are:
- The marriage is irretrievably broken
- Intermarriage by people within the prohibited degrees of kinship
- Mental incapacity at the time of the marriage
- Impotency at the time of the marriage
- Force, menace, duress or fraud in obtaining the marriage
- Pregnancy of the wife by a man other than the husband at the time of the marriage (and unknown to the husband)
- Adultery during the marriage
- Desertion
- The conviction of a crime of moral turpitude that results in a prison sentence of two years or longer
- Habitual intoxication
- Cruel treatment
- Incurable mental illness
- Habitual drug addiction
To obtain a divorce on any of the grounds other than "the marriage is irretrievably broken," you must prove the conduct or fault.
Can a Conduct for Divorce Affect My Settlement?
In Georgia, fault in the breakup of the marriage can affect the outcome. For example:
- If your conduct (such as an affair or cruel treatment) causes the breakup of the marriage, the judge may decide it is not fair to make the innocent spouse lose the marital home or may award a greater percentage of marital property to the innocent spouse.
- If you are convicted of a crime such as domestic violence, the judge may decide that your spouse should have sole custody of children.
- If your adultery is the cause of the breakup of the marriage, you are not eligible for alimony.
It's important to obtain legal advice before you assert a fault ground for your divorce. For example, if your spouse committed adultery in the past, but you and your spouse were able to work things out, the court may say you condoned the conduct and it can no longer be used as a ground for divorce.
Contact Our Atlanta Divorce Attorneys Today
Whether you are planning for a future divorce or you need to respond to a divorce filing by your spouse in the Atlanta area, our lawyers are here to advise you. Please contact us today to arrange a personal, discreet and helpful consultation.
