Crystal Wright | November 20, 2025 | Divorce in Georgia
Divorce is complicated, and many people delay separation because they worry they don’t have “grounds” for divorce.
Georgia recognizes both fault-based and no-fault grounds for divorce. Each ground carries its own legal implications for property division, alimony, and child custody. Understanding these concepts can help you understand the divorce process and make informed decisions for your relationship.
No-Fault Divorce in Georgia
No-fault divorce is the most common ground. Georgia allows one spouse to seek a divorce without having to prove the other spouse did anything wrong.
The law states that a divorce may be granted on the ground that the marriage is “irretrievably broken.” This means that there is no hope for reconciliation, and at least one party believes the marriage cannot be saved. It does not require proof of misconduct or wrongdoing.
This no-fault ground simplifies the process and eliminates the need for extensive evidence or contested hearings over fault.
Fault-Based Grounds for Divorce
Georgia also recognizes 12 fault-based grounds for divorce. A divorce complaint can cite these alone or in addition to the no-fault ground. Proving fault can influence the outcome of the case, especially when it comes to alimony and custody.
Adultery
To allege adultery, one spouse must engage in voluntary sexual intercourse with someone outside the marriage. If proven, adultery may bar the offending spouse from receiving alimony.
Desertion
Desertion is the willful abandonment by one spouse for at least one year, without justification or consent, of the other spouse.
Conviction of a Crime Involving Moral Turpitude
This ground arises if one spouse is sentenced to prison for two years or more and the offense involves moral turpitude (e.g., fraud, theft, or violence).
Habitual Intoxication
Habitual intoxication can be a ground of ongoing alcohol abuse that significantly impacts the marriage.
Cruel Treatment
Another ground involves physical or mental cruelty that endangers the spouse’s life, health, or safety. This could include emotional abuse, threats, or physical violence.
Incurable Mental Illness
If a spouse has been confined in a mental institution for at least two years and the condition is deemed incurable, mental illness can be grounds for divorce.
Drug Addiction
Drug addiction provides a ground for divorce when a spouse has habitual, excessive, and uncontrollable use of narcotics or other illicit drugs.
Impotency
Impotency provides cause for divorce if a spouse’s condition that existed at the time of marriage prevents consummation.
Force, Duress, or Fraud in Obtaining the Marriage
Marriages entered into under coercion, threats, or deceit offer grounds for divorce.
Pregnancy by Another Man
A ground for divorce exists where a wife was impregnated by another man at the time of the marriage, and the husband was unaware of the fact.
Mental Incapacity at the Time of Marriage
Here, one spouse lacks the mental capacity to consent to the marriage, such as due to intoxication, illness, or developmental disability.
Intermarriage Between Close Relatives
Divorce grounds arise if the spouses are too closely related by blood under Georgia law (e.g., siblings, parent/child).
When to Consider a Fault-Based Divorce in Georgia
Although Georgia law permits both fault-based and no-fault divorces, many spouses opt for the no-fault option to avoid prolonged litigation and legal disputes. However, citing a fault ground may be helpful if:
- You are seeking a larger share of the property division.
- You want to contest alimony claims.
- You are trying to influence a custody determination.
For example, if a spouse committed adultery or abuse, the court may consider that conduct when awarding alimony or deciding custody.
Contact an Experienced Atlanta Divorce Lawyer at Crystal Wright Law, LLC for a Consultation
If you are unsure of what divorce ground is appropriate for your situation, you should consult an experienced Atlanta divorce attorney. An attorney can help you select the right strategy based on your goals (e.g., minimizing conflict, seeking a larger portion of the property division, etc.) and protect your legal rights during the divorce process.
Contact Crystal Wright Law, LLC to schedule a confidential consultation to learn more about your rights and legal options during a divorce.
To learn more and get the help you deserve, contact our legal team at Crystal Wright Law and schedule your consultation today.
We have offices in Atlanta and Lawrenceville, Georgia.
Crystal Wright Law – Atlanta Office
1718-1720 Peachtree St NW, Suite 920, Atlanta, GA 30309
(404)-594-2143
24/7
Crystal Wright Law – Lawrenceville Office
440 S. Perry Street, Suite 105, Lawrenceville, GA 30046
(404)-649-5554
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