Grounds for Divorce in Georgia
Georgia recognizes thirteen different grounds for divorce. Some are commonly known and used, and others are at best, obscure, and at worst, obsolete. The grounds for divorce may be divided into approximately three categories: 1) no-fault divorce; 2) grounds stemming from specific “bad” behaviors of the parties; and 3) the condition of the parties when they marry.
By far, the most common ground for divorce is that the marriage is “irretrievably broken.” This is also the “no-fault” divorce ground, meaning that neither party has to prove bad behavior by either spouse to be legally entitled to the divorce. This ground also does not require both spouses to consent to or agree to the divorce; that one spouse wants it and claims that the marriage is irretrievably broken is sufficient to obtain the divorce. That the marriage is “irretrievably broken” is often cited in conjunction with other “fault” grounds for divorce.<!–more–>
Georgia law recognizes eight grounds for divorce that stem from the bad behavior of one spouse in the marriage; these eight “bad behavior” grounds range from sexual misbehavior, mistreatment of a spouse, criminal activity, and substance abuse.
Sexual misbehavior includes adultery by either party after the marriage and pregnancy of the wife by another man. Adultery occurs when one spouse has sexual intercourse with any person other than his/her own spouse, and the pregnancy grounds requires that the wife be pregnant by another man at the time of the marriage, unknown to her husband.
Spousal mistreatment grounds for divorce include desertion, cruel treatment, and trickery or intimidation to obtain the marriage. Desertion occurs when one party, without the other’s consent or agreement, leaves the marriage for one year. Desertion differs from a separation where the parties consent to live apart. Cruel treatment is a broad ground and can include infidelity, mental and physical abuse, and denial of conjugal rights. The final spousal mistreatment ground arises where one spouse uses force, threats, intimidation, or fraud to obtain the marriage.
The criminal activity ground for divorce requires a two-year incarceration of either party for a crime involving moral turpitude, and the final bad behavior grounds are habitual intoxication and habitual drug addiction by either spouse.
The remaining four grounds for divorce arise from the mental or physical conditions of the parties at the time of the marriage or during the marriage. One may obtain a divorce if a spouse is impotent at the time of the marriage or if one spouse has an incurable mental illness during the marriage. A court may grant a divorce if it finds that one party lacked the mental capacity to enter into the marriage. Finally, a court may find that the parties are too closely related to one another to be married.
A divorce attorney can help you identify and prove the appropriate ground(s) for divorce. Most often, divorces are brought on the ground that marriage is irretrievably broken, and the divorce petition may also cite one or more of the bad behavior grounds. The grounds relating to the mental or physical conditions of the parties are much less common. Should you have any questions or comments about any of the grounds for divorce in Georgia, please feel free to email me.