We Will Outline The Grounds For Divorce
Divorce laws vary from state to state, and while many have set a “no-fault” status for divorcing couples, the state of Georgia recognizes grounds for divorce only under any of the following conditions:
- The marriage is irretrievably broken. If one party refuses to live with the other and there is no hope of reconciliation, whether or not the other spouse agrees and/or there is fault or wrongdoing by either party, the divorce cannot be contested, but issues such as child custody/ visitation/ support, alimony, property and debt division are still open to litigation.
- Intermarriage by people prohibited to marry based on degrees of kinship
- Mental incapacity
- Force, menace, duress or fraud in obtaining the marriage
- Pregnancy by a man other than the unknowing husband
- Adultery. If your affair was the cause of your divorce, you are disqualified from filing for alimony with one exception: If the affair was forgiven, the court may find that the conduct was condoned and therefore disqualified as a valid ground for divorce in Georgia.
- Desertion. It must have been willful and have lasted at least one year.
- Conviction of a crime that results in a prison sentence of two years or longer
- Habitual intoxication
- Cruel treatment. The judge may award a larger share of marital assets to the spouse deemed an innocent victim.
- A domestic violence conviction could change child custody decisions
- Incurable mental illness
- Habitual drug addiction
The grounds you choose may have a direct effect on alimony, property division and child custody when filing for divorce. We strongly advise you to seek the legal counsel of our attorneys at Teiger Law Center, P.C., to discuss the pros and cons of each choice, and how they best suit your needs.