Before the advent of “no-fault” divorce in Georgia (and other states), it used to be much more difficult to leave an unhappy marriage. Either one spouse would have to admit that their misbehavior was at the root of the marital breakdown or the other spouse would have to prove that they were the victim of such actions.
To this day, you do still need to state some kind of grounds for your divorce. This is the legal basis on which a divorce can be granted by the court. Knowing your options can help you plan ahead.
What are the grounds for divorce in Georgia?
The grounds for divorce in Georgia include:
- Desertion (willful and continued) for at least one year
- Alcohol or drug addiction
- Conviction of a crime with a prison sentence of two or more years
- Mental incapacity
- Intermarriage within prohibited degrees of affinity
- Pregnant at the time of marriage by a man other than the husband
- Cruelty or violence
- Fraud, force or duress in obtaining the marriage
- Irretrievable breakdown
The last option, irretrievable breakdown, is Georgia’s “no-fault” option. It doesn’t require either party to acknowledge wrongdoing within the marital relationship, so it’s the most commonly used option.
Since there are so many different grounds for divorce, you should easily be able to find one to use when you file. You and your spouse may have different opinions on your divorce and opt to state you have different grounds, but the divorce will be able to move forward all the same. To get your divorce off to a good start, it helps to understand more about your options.