Last updated on December 11, 2024

What Are the 13 Grounds for Divorce in Georgia?

Unlike some states that allow for no-fault divorces based solely on irreconcilable differences, Georgia requires couples to cite one of 13 specific grounds for divorce. These range from the broadly applicable “irretrievably broken marriage” to more specific fault-based grounds such as adultery, cruel treatment, or desertion. Understanding these grounds is essential, as they can significantly influence the divorce proceedings, including the division of marital property, alimony, and child custody arrangements.

The four most common grounds for divorce are:

• Irretrievably broken marriage: This is the most common reason for divorce in Georgia and is a no-fault option. It allows a couple to divorce without having to prove any fault. One party must demonstrate that they no longer wish to be in the relationship and that reconciliation is not possible.
• Adultery: In Georgia, either party can be charged with adultery, which encompasses both heterosexual and homosexual affairs. Adultery can have significant implications on divorce proceedings, particularly concerning alimony and the division of marital assets.
• Cruel treatment: This ground for divorce includes the intentional infliction of mental or physical pain that could reasonably lead the other spouse to fear for their safety. It involves behavior that makes the continuation of the marriage intolerable.
• Desertion: Desertion involves the intentional separation of one spouse from the other for a continuous period of at least one year. This can be either a physical separation or by refusing intimacy, demonstrating an intent to abandon the marriage.

Other grounds include:

• 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)
• The conviction of a crime of moral turpitude that results in a prison sentence of two years or longer
• Habitual intoxication
• 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.

Is Georgia A No-Fault Divorce State?

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.

Can Conduct Affect My Divorce 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.

Breaking Down Georgia’s 13 Grounds For Divorce

Irretrievably broken marriage

For some people, the best option will be a no-fault divorce because they will not have the necessary evidence to validate their claims of physical abuse or infidelity. Claims of an irretrievable breakdown of your marital relationship will lead to a no-fault divorce. This approach can be the fastest solution, as you won’t have to prove certain behavior or worry about your spouse fighting against the divorce and preventing it.

Spousal misconduct

If a man marries a woman who is pregnant and he does not know the child is another man’s, he has grounds for divorce when he learns the truth. Either spouse can file for divorce because of adultery.

Sexual misconduct isn’t the only kind that can lead to a fault-based divorce. Georgia also permits divorce based on habitual intoxication or habitual drug addiction. Cruel treatment or abuse is also grounds for a divorce. For such claims, you will need actual evidence of the misconduct that you assert gives you cause to divorce.

Evidence of serious misconduct during the marriage could come from medical records, police reports, financial documents or even your spouse’s behavior on social media.

Extended separations

Georgia recognizes divorce for several kinds of long-term separations between spouses. Desertion or abandonment is one reason. One spouse’s conviction of a crime of moral turpitude and the requirement to stay in prison for two years or longer is another reason. Finally, incurable mental illness, which may require institutionalization, is also grounds for divorce.

With the exception of desertion, which can be harder to prove, convictions and issues with mental health often leave professional paper trails that can help you as you plan to divorce. Communications about someone leaving the marital home could be a good starting point for someone claiming desertion, and financial records can also help.

Issues before marriage

If you discover that you have a prohibited degree of kinship, you can file for divorce, as can those who can show mental incapacitation at the time of the marriage. Impotency at the time of marriage is another viable reason to file for divorce. Finally, if force, duress, fraud or menace played a role in the decision to marry, that can also be grounds for divorce. Medical records, family documents or even genetic testing could help you establish that you qualify under one of these grounds.

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 Fulton County, our lawyers are here to advise you. Please contact us today to arrange a personal, discreet consultation.