What are the Ground for Divorce in Georgia?
There are thirteen grounds for divorce in Georgia. Twelve of the grounds are what are considered “fault” grounds. One ground is the so called “no fault” ground. The twelve fault grounds are as follows:
- Intermarriage by persons within the prohibited degrees of consanguinity and affinity
- 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, unknown to the husband
- Adultery in either of the parties after marriage
- Willful and continued desertion by either of the parties for the term of one year
- The conviction of either party for an offense involving moral turpitude and under which he or she is sentenced to imprisonment in a penal institution for a
- Term of two years or longer
- Habitual Intoxication
- Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies
- Apprehension of danger to life, limb, or health
- Incurable mental illness
- Habitual drug addiction
What is the “No-Fault” ground?
The so-called “no-fault” ground is the ground that the marriage is “irretrievably broken.” In most divorce cases, the ground alleged for the divorce is the no-fault ground. This is so as one party need only testify that the marriage is irretrievably broken, and there is no hope for reconciliation. With the other grounds, sufficient proof must be presented in order to prove the ground. It is sometimes advisable to include a fault ground. An attorney should be consulted as to the ground or grounds to allege in divorce cases.
Contact a Marietta Divorce Attorney
For solid and experienced representation from a Georgia family law attorney, call our law firm at 770-795-9596 or contact us online to set up your 30-minute initial consultation. For our clients’ convenience, we accept all major credit cards. Not only do we serve Cobb County, but attorney Diana Whipkey Young is one of the top divorce attorneys practicing in Cobb County, Paulding County, Bartow County, and Cherokee County as well.