Navigating divorce is a significant life event, and understanding your legal options is essential. At Hobson & Hobson, P.C., we leverage over 30 years of combined experience and advanced technology to deliver seamless, client-focused solutions for families across Atlanta, Canton, Marietta, Alpharetta, Milton, Roswell, and Duluth. If you’re considering divorce, knowing the 13 grounds for divorce in Georgia can help you make informed decisions about your future.
The 13 Grounds for Divorce in Georgia
Georgia law recognizes 13 distinct grounds for divorce, codified in Georgia Code § 19-5-3. These are divided into no-fault and fault-based categories. The ground you choose can significantly impact the outcome of your case, including property division, alimony, and child custody.
1. Intermarriage by Prohibited Relatives
Marriage between close relatives is not legally recognized in Georgia. If spouses are within prohibited degrees of consanguinity or affinity, this is grounds for divorce and often leads to annulment.
2. Mental Incapacity at Time of Marriage
If one spouse was mentally incapable of understanding the marriage contract at the time of marriage, this can be cited as a ground for divorce.
3. Impotency at Time of Marriage
Impotency existing at the time of marriage, if undisclosed, is a fault-based ground for divorce.
4. Force, Menace, Duress, or Fraud
If a marriage was obtained through force, threats, duress, or fraud, the affected spouse may seek a divorce on these grounds.
5. Wife Pregnant by Another Man (Unknown to Husband)
If the wife was pregnant by another man at the time of marriage and the husband was unaware, this is a valid ground for divorce.
6. Adultery
Adultery remains a significant fault-based ground. If proven, it can bar the offending spouse from receiving alimony and influence property division.
7. Willful and Continued Desertion (One Year or More)
If one spouse willfully abandons the other for at least one year, the deserted spouse may file for divorce.
8. Conviction and Imprisonment (Moral Turpitude, Two Years or More)
A spouse’s conviction for an offense involving moral turpitude, resulting in imprisonment for two years or longer, is grounds for divorce.
9. Habitual Intoxication
Chronic alcoholism can be cited as a ground for divorce, especially if it affects family stability or safety.
10. Habitual Drug Addiction
Ongoing drug addiction is another fault-based ground, often impacting custody and support decisions.
11. Cruel Treatment (Physical or Mental Abuse)
Cruel treatment, including physical or mental abuse, is a serious ground for divorce and can heavily influence custody and asset division.
12. Incurable Mental Illness
If a spouse is declared incurably mentally ill, this may be cited as a ground for divorce, provided specific legal requirements are met.
13. Irretrievably Broken Marriage (No-Fault)
The most common ground cited today is that the marriage is “irretrievably broken.” This no-fault ground requires no proof of wrongdoing and reflects a modern, less adversarial approach to divorce.
How Grounds for Divorce Impact Your Case
Alimony and Property Division
Fault-based grounds such as adultery, desertion, or cruel treatment can directly affect alimony awards and property division. For example, a spouse found guilty of adultery may be barred from receiving alimony. Courts may also award a larger share of marital property to the “innocent” spouse in cases involving fault.
Child Custody
While Georgia courts always prioritize the best interests of the child, evidence of abuse, addiction, or criminal behavior (as outlined in the grounds) can weigh heavily against the offending parent in custody determinations. Our team at Hobson & Hobson is dedicated to protecting parental rights and ensuring the safety and well-being of children.
Strategic Considerations
Choosing the right ground for divorce is a strategic decision. While no-fault divorce is generally simpler and less contentious, fault-based grounds can provide leverage in negotiations over alimony and property — if you have strong evidence. As one Georgia family law attorney notes:
“Choosing the right ground for divorce is a strategic decision. While no-fault divorce is simpler and less contentious, fault-based grounds can provide leverage in negotiations over alimony and property, but only if you have strong evidence.” — Georgia Family Law Attorney
Recent Trends and Updates in Georgia Divorce Law (2024)
- No-Fault Divorce Dominates: The majority of Georgia divorces are now filed under the no-fault ground of “irretrievably broken,” mirroring national trends toward less adversarial processes.
- Proof Requirements: Fault-based divorces require substantial evidence, such as documentation or witness testimony, making these cases more complex and potentially contentious.
- Court Emphasis: Georgia courts continue to stress the importance of clear, credible evidence in fault-based cases.
- No Major Legislative Changes: As of 2024, there have been no significant changes to the statutory grounds for divorce in Georgia.
Professional Advice for Navigating Divorce Grounds
- Consult a Family Law Attorney: Each case is unique. Consulting with an experienced divorce attorney in Atlanta ensures you understand which grounds best fit your situation and how they may impact your case.
- Evidence Matters: If pursuing a fault-based divorce, gather as much supporting evidence as possible. This can include documentation, witness statements, or expert testimony.
- Consider the Impact: Fault-based divorces can be lengthier and more expensive due to the need for evidence and potential court battles over allegations.
Why Choose Hobson & Hobson, P.C.?
As a leading family law attorney firm in Atlanta and surrounding areas, we combine decades of experience, special litigation training, and cutting-edge technology to deliver efficient, effective outcomes. Our approach balances empathy with assertive advocacy, ensuring your rights and finances are protected at every stage. We handle complex family law matters, including high-asset divorces and contentious custody disputes, with a focus on clarity, transparency, and client empowerment.
Explore our services and schedule a consultation at thehobsonlawfirm.com.
Frequently Asked Questions
What is the difference between no-fault and fault-based divorce in Georgia?
A no-fault divorce simply states that the marriage is “irretrievably broken” and does not require proof of wrongdoing. Fault-based divorces require evidence of specific misconduct, such as adultery or cruelty, and can affect alimony, property division, and custody.
Can I file for divorce on more than one ground?
Yes. You may cite multiple grounds in your divorce petition if applicable, but each must be supported by evidence.
How does adultery affect divorce outcomes in Georgia?
If proven, adultery can bar the offending spouse from receiving alimony and may influence the division of marital assets.
Will fault-based grounds impact child custody?
Yes. Grounds involving abuse, addiction, or criminal behavior can significantly affect custody decisions, as courts prioritize the child’s best interests and safety.
How long does a divorce take in Georgia?
The timeline varies. No-fault divorces can be finalized in as little as 31 days if uncontested, while fault-based or contested divorces may take several months or longer, depending on complexity.
Additional Resources
- Georgia Code § 19-5-3 – Grounds for Total Divorce
- Georgia Legal Aid – Divorce in Georgia
- State Bar of Georgia – Family Law Section
- CDC – Marriage and Divorce Statistics
For personalized guidance from the best family law attorney near you, contact Hobson & Hobson, P.C. Our team is ready to help you make the best legal decisions during challenging times, whether you need a divorce law attorney, separation attorneys, or a marriage attorney.
Learn more at thehobsonlawfirm.com.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.