Grounds for Divorce in Georgia

Introduction to Divorce in Georgia

For one or both spouses to file a divorce in Georgia, they must go through multiple steps so that they can handle the process smoothly. Divorce is the legal action to end an existing marriage. Although this sounds straightforward there are many things to consider during a divorce like the division of assets, property, debt, and the family itself.

If one of the spouses is pregnant or there is a child or children in the family then matters of custody and child support also come into play. The process of divorce does not necessarily need to be drawn out and lengthy but there are a lot of variables that the family and their family law attorney consider.

One of those considerations is the legal grounds for which the divorce will be petitioned on. Our family law firm has created this short guide on the different grounds and types of divorce so that our clients can get a better understanding of the process. We have over a decade of experience and hundreds of clients that we have helped through these sometimes sensitive family law proceedings. If you have any questions feel free to contact us or send us a message by clicking here.

Fault vs. No-Fault Divorce

Before you even start your search for an attorney, it’s essential to have a basic idea of the divorce laws in Atlanta. This will enable you to ask the right questions and get the right information from the attorneys you interview. During your divorce process, you’ll need to make vital decisions on everything from division of property, to child custody, finances and more.

Georgia, like many other states, has both fault-based and no-fault divorce. Specifically, there are 13 total grounds for divorce in Georgia. 12 our fault-based grounds for divorce. 1 is a no-fault ground. There are also five grounds for annulment of a marriage which you can read about here. It is important to note that annulments are much rarer.

At the time of the marriage:

The couple was already closely related at the time of marriage.
One spouse is mentally incapacitated.
One spouse is impotent.
You were forced, coerced or, defrauded into getting married.
A wife was pregnant by another and did not reveal this to the husband.

After the Marriage

Willful desertion for at least one year.
One spouse was sentenced to two or more years of prison for a serious crime.
Habitual drunkenness or intoxication.
Spousal abuse or cruelty.
A spouse has a permanent mental illness that cannot be cured.
A spouse has a drug addiction.
An “irretrievably broken” relationship.

The no-fault ground for divorce is the last one on the list above. It can be described in different forms, “irretrievably broken,” “general incompatibility,” and other ways to describe a general no-fault breakdown in the relationship.

Why you should work with an attorney

Hiring an attorney might seem like the last thing on someone’s mind especially during such an emotionally sensitive situation. It is recommended to hire an attorney though. A local experienced and knowledgeable family law attorney can guide you and explain your rights. There are many complex legal statutes and paperwork as well as a timeline that need to be fully understood in order to file for divorce.

Every client and case is unique. The Edwards Law Group knows that. We have over a decade of experience advocating for our clients. If you’re struggling to decide on a family law attorney, dealing with a divorce, child custody/support, give us a call at 1-770-723-7211 today. We’re ready to help.