Everyone who divorces their spouse has their reasons for ending their marriage. However, the law recognizes specific reasons for filing for divorce. In Georgia, these reasons fall into two categories: no-fault and fault-based grounds. Understanding the legal reasons for divorce can help you make informed decisions as you work toward the end of your marriage.
What reasons does Georgia law recognize as grounds for divorce?
You discover you have married a close relative.
In Georgia, people who are closely related by blood or marriage cannot get married. This rule includes parents marrying their children, brothers and sisters marrying each other, and sometimes even in-laws marrying each other. If two people who are too closely related get married without realizing it, they can use this as a reason to get a divorce.
Your spouse has committed adultery.
In Georgia, if one spouse cheats by having a sexual relationship with someone else outside the marriage, the other spouse can ask for a divorce based on fault. It is important to know that proving adultery is not simple. You usually need compelling evidence, such as witness statements, photos or other documents, to show that cheating happened.
Your spouse has deserted you.
When one spouse leaves the other alone for at least one year, it can be a reason for divorce. This abandonment can come in two different forms: actual or constructive. Actual desertion is when one spouse physically moves out of the home. Constructive desertion happens if one spouse treats the other so badly, like with abuse, that it forces them to leave.
Your spouse treats you cruelly.
Cruel treatment means one spouse causes physical or mental pain to the other, putting their safety or health at risk. This could be through physical violence, hurtful words, or other types of mental stress. To prove cruel treatment in a divorce, you need to show that there was a repeated pattern of this behavior or a very serious incident that made living together unsafe or intolerable.
Your spouse frequently uses drugs or alcohol.
If one spouse has a continuous addiction to alcohol or drugs that harms the marriage, the other spouse can ask for a divorce based on fault. The addiction needs to be ongoing and clearly affect the relationship.
Your spouse was incapacitated when you got married.
If one spouse did not understand what getting married meant at the time of the wedding because of mental incapacity, the other spouse can file for divorce. Usually, you need to prove that the spouse with the incapacity did not grasp the meaning of the marriage contract when they got married.
Your spouse is impotent.
If someone cannot physically consummate their marriage, this can be a reason for divorce based on fault. The person must have been impotent at the time they got married, and the condition must still be incurable.
Your wife was pregnant with another man’s child when she married you
This reason for divorce happens when a husband finds out that his wife was pregnant by another man when they got married, and he did not know about it. This situation usually means there was a break in trust and can cause significant emotional pain for the husband who did not know. To get a divorce for this reason, the husband must prove that he did not know about the pregnancy and that the child’s biological father is not him.
Your spouse used fraud, force or duress to get you to marry them
If someone got married as a result of force, threats, trickery or lies, they can file for a divorce based on fault. For example, if one spouse agreed to the marriage because their spouse threatened to harm them or a loved one if they did not, they have a strong reason to end the marriage.
The court convicted your spouse of a serious crime.
If one spouse commits a serious crime that shocks or violates community standards, and they go to prison for two years or more, the other spouse can file for a divorce based on fault. This type of crime is known as a crime of moral turpitude and could include murder, drug-related crimes and sex crimes.
Your spouse has an incurable mental illness.
Another reason for divorce is if a spouse has an incurable mental illness. To prove this, you usually need a doctor or psychiatrist to provide testimony. You also need evidence that the spouse has been put in a mental health institution or officially declared mentally incompetent by the right authority.
Your marriage is irretrievably broken.
In Georgia, the law allows couples to get a no-fault divorce if their marriage is “irretrievably broken,” which means they believe there is no chance of fixing their relationship and it is not possible to continue being married. However, the court needs you to wait at least 30 days after delivering the divorce papers to the other spouse before they can grant the divorce. This waiting period gives both people time to think about their decision and confirm that getting back together is not possible.
Many people choose this type of divorce because it does not require proving that one spouse did something wrong. This can make the legal process easier and less likely to cause arguments.
Understanding both no-fault and fault-based grounds for divorce is an important way to prepare for the divorce process. Divorce is never easy, but being well-informed about your options and contacting an experienced divorce attorney can help you navigate this challenging time more effectively.
