What are Grounds for Divorce in Georgia?

The process of divorce is different for all parties depending on the nature of the situation. There are many reasons why a couple may choose to divorce. These are stated at the beginning of the proceedings by citing “grounds” for divorce. While many people believe divorces only occur due to one party’s fault, this is not always accurate. Spouses going through a divorce in the state of Georgia can cite either fault or no-fault grounds. During these situations, it is important to retain the services of an experienced Georgia divorce attorney for assistance.

Grounds for Divorce in Georgia

Spouses who want to hold their partner responsible for their divorce can cite fault grounds. In Georgia, there are several different actions that constitute fault grounds, including:

  • Adultery
  • Desertion
  • Impotency
  • Cruelty
  • Lack of mental capacity
  • Incarceration for over 2 years
  • Habits of intoxication
  • Habitual drug addiction
  • Pregnancy outside of marriage
  • Fraudulent or forced marriage
  • Incurable mental illness

On the other hand, no-fault grounds can be cited when neither party wants to hold the other responsible. These situations usually occur when a couple believes their marriage has broken down and can no longer be repaired. This is also known as an “Irretrievable Breakdown of Marriage.”

Contested vs. Uncontested Divorce

Couples are required to determine the future of their marital issues in a divorce. This can include matters such as child custody, child support, alimony, the division of assets, and more. Spouses who are unable to reach agreements can find themselves in a contested divorce. This is often the case when fault grounds are cited, as spouses in these situations tend to disagree. This can require the couple to divorce through litigation in court, allowing a judge to make decisions for them.

When spouses can agree to the terms of their divorce, it is known as an uncontested divorce. This is more often seen in situations where no-fault grounds are cited, as these spouses may be better at communicating with each other. In these cases, spouses may participate in alternative divorce methods such as mediation, arbitration, or a collaborative divorce. These processes allow spouses to discuss their marital issues in a more productive way to reach agreements on their own terms. 

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Alfred Law Firm, LLC is proud to serve clients in Georgia when they face legal matters related to family law and criminal defense. When legal issues arise, it is important to have the guidance of an experienced attorney that can help you obtain a favorable outcome. Contact our firm today to schedule a consultation.

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