If you are considering parting ways with your spouse, one of the first questions you might have is, “what are the grounds for divorce in Georgia?” Notably, there are two avenues you can pursue to dissolve a marriage in Georgia. State law recognizes both no-fault divorce and fault-based divorce. Whether you choose no-fault divorce or allege fault grounds will ultimately depend upon your goals, the evidence that is available, and how any allegations of marital misconduct might affect the outcome of your case.

Key Takeaways

No-Fault Divorce

Under Georgia law, the filing spouse does not need to prove any marital misconduct in order to obtain a divorce. By pursuing a no-fault divorce, the spouse seeking to dissolve the marriage must only allege that the marriage is “irretrievably broken,” with no hope of reconciliation. This can help avoid the need for a lengthy public trial over who was to blame for the marriage not working out. However, it’s important not to confuse the phrase “no-fault divorce” with an “uncontested divorce.”

Although a no-fault divorce may also be uncontested, “no-fault” refers to the grounds for divorce while “uncontested” refers to the status of the negotiations. Similarly, a divorce may be based on the “no-fault” ground, but the issues of custody, alimony, property division, and child support might be in dispute and require judicial intervention to resolve. When any issues cannot be resolved between the parties, this is referred to as a “contested divorce.” Understanding these distinctions can be crucial, especially when deciding whether a no-fault approach aligns with your objectives or pursuing a fault-based divorce is a better strategic path based on the facts of your case.

Fault-Based Grounds for Divorce

Fault-based grounds allege that one spouse’s actions or certain circumstances caused the marriage to fall apart. Although it is not legally necessary to establish that either spouse did something wrong to obtain a divorce, statutory fault-based grounds for divorce still exist in Georgia. These include the following:

• Adultery by either party
• Willful and continued desertion by either party for at least one year
• The conviction of a crime involving moral turpitude resulting in imprisonment for a term of two years or more
• Habitual intoxication
• Habitual drug addiction
• Cruel treatment resulting in bodily or mental pain
• Incurable mental illness
• Incest by prohibited degrees of kinship
• Procuring the marriage by force or duress
• Mental incapacity at the time of the marriage
• Impotency at the time of the marriage
• Pregnancy by a man other than the husband at the time of the marriage, unknown to the husband

Significantly, some of the above fault grounds may also be used to obtain an annulment, such as mental incapacity at the time the marriage was entered into, incest, or fraud. But generally, you cannot obtain an annulment if you share children with your spouse. In such situations, you would need to file for divorce.

Is a No-Fault or Fault-Based Divorce Better?

Many of the fault-based grounds can be difficult, costly, and time-consuming to prove in court. A no-fault divorce in Georgia is generally faster and more cost-efficient than a fault-based divorce. It can also be less stressful and contentious, especially if you use mediation or the collaborative process to resolve any issues in dispute. While alleging fault can also require sensitive information to become part of the court record, many people prefer a no-fault divorce to preserve their privacy.

However, there are still several situations where pursuing a fault-based divorce can be beneficial to the outcome of your case. For instance, you might allege fault grounds if it would result in a strategic advantage regarding alimony or property division. In some situations, if you can show that your spouse was dissipating marital funds to carry out an extramarital affair, the court might order a more favorable alimony award or division of assets to you. In the event your spouse’s drug or alcohol addiction interferes with their ability to parent, and your child would be placed in harm’s way, these factors might influence a judge’s custody determination.

It’s best to consult with a knowledgeable divorce attorney who can advise you regarding the grounds for divorce in Georgia and help you choose whether a no-fault or fault-based divorce is the better choice for you.

Contact an Experienced Georgia Family Law Attorney

If you have questions about the grounds for divorce in Georgia, it’s critical to consult with a knowledgeable divorce attorney. At NVP Family Law, we are committed to providing our clients with the counsel they need as we help them navigate divorce and a wide range of family law matters. We welcome you to contact us for a consultation online or by calling 470-314-0253 to learn how we can help.