Overview

While there are 12 fault grounds for divorce (listed below), you do not have to prove any of them to get divorced because Georgia has a “no fault” statute. However, you do have to resolve custody, property division, and support issues before a divorce decree will be entered. Conduct matters in asset division, alimony, and custody.

No-Fault Divorce

A no-fault divorce is one in which no party is blamed for the marital failure. Every state has a “no-fault” divorce provision in their law. Georgia’s no-fault definition is that “the marriage is irretrievably broken with no chance of reconciliation.”

Fault Divorce

A fault divorce is one in which there is blame given to one or both of the spouses. It is not necessary to prove fault to get divorced.

Impotence occurs when your spouse is physiologically or medically unable to have sex.

Adultery occurs when your spouse is involved in sexual intercourse with another person. Adultery is a common complaint in broken marriages.

Conviction or imprisonment of over two years for a morally heinous offense.

Alcoholism and/or drug addiction. Drug addiction may include abuse of prescription drugs. Addiction is a common complaint in broken marriages.

Incurable insanity.

Willful desertion occurs when your spouse moves to an unknown location without payment of support for an extended period of time.

Cruel treatment that threatens the spouse occurs when your spouse physically, emotionally, or mentally abuses you. Emotional and mental abuse is one of the most frequent complaints in broken marriages.

Habitual drunkenness.

Consent to marriage was obtained by fraud, duress, or force.

Spouse lacked mental capacity to consent.

Wife was pregnant by another at the time of marriage unknown to the husband.

Incest.