Divorce issues in Georgia

One of the most common questions we are asked by clients is whether they need grounds for divorce. It is easy to get confused as to whether Georgia is a no-fault state and as to the various reasons that are acceptable for divorce in the state. As each state has different rules and requirements for filing for divorce, it is important to understand how Georgia handles the issue.

Grounds for Divorce

Are specific grounds required for divorce in Georgia? Yes. There are 13 grounds for divorce in Georgia:

  • The marriage is irretrievably broken
  • Intermarriage by people within the prohibited degrees of kinship
  • Mental incapacity at the time of the marriage
  • Impotency at the time of the marriage
  • Force, menace, duress or fraud in obtaining the marriage
  • Pregnancy of the wife by a man other than the husband at the time of the marriage (and unknown to the husband)
  • Adultery during the marriage
  • Desertion
  • The conviction of a crime of moral turpitude that results in a prison sentence of two years or longer
  • Habitual intoxication
  • Cruel treatment
  • Incurable mental illness
  • Habitual drug addiction

Does it Matter Who is at Fault?

Yes, it does. If the cause for divorce is habitual intoxication, for example, the one who is shown to be habitually intoxicated may be given less consideration in the divorce. Custody and parenting plans may favor the other spouse, and if the intoxication has resulted in reckless spending, the court may favor the other spouse when assets are divided, as well.

You will be in a much better negotiating position in most aspects of your divorce if you can avoid being at fault in the manners described above. If, on the other hand, your spouse is the one at fault in any of these ways, you may be able to use that to your advantage in the divorce.

In Georgia, fault in the breakup of the marriage may affect the outcome. If your conduct (such as an affair or cruel treatment) causes the breakup of the marriage, the judge may decide it is not fair to make the innocent spouse lose the marital home or may award a greater percentage of marital property to the innocent spouse. If you are convicted of a crime such as domestic violence, the judge may decide that your spouse should have sole custody of children. If your adultery is the cause of the breakup of the marriage, you are not eligible for alimony.

It is imperative that you obtain legal advice before you assert a fault ground for your divorce.

Contact CWL Today

Whether you are planning for a future divorce or you need to respond to a divorce filing by your spouse, attorney Crystal Wright is here to advise you. Please contact us today to arrange a personal, discreet consultation.

Call attorney Crystal Wright at (404) 594-2143 or email csw@crystalwrightlaw.com for assistance.