What are the Grounds for Divorce in Georgia?

The end of a marriage is never easy. However, it is one thing when spouses simply grow apart over the years and decide to separate, as opposed to when one of them is engaged in hurtful or potentially dangerous conduct. There are numerous fault grounds in Georgia under which you may file for a divorce, all of which can have a significant impact on the ensuing proceedings.

Fault Grounds in Georgia Divorce Cases

In some states, the only requirement to getting a divorce is that your marriage failed based on irreconcilable differences between you and your spouse. This is a valid reason for getting a divorce in our area, as well, but the Georgia Code also allows you to file on the basis of 12 other fault grounds, which outline different types of marital issues or misconduct that may have existed in your marriage. These include:

• Marrying someone to whom you were in some way related;

• Lacking the mental capacity to enter the marriage at the time it occurred;

• If your spouse suffered impotency at the time of your marriage;

• If you entered the marriage under threat, fraud, force, or duress;

• If one of the spouses committed adultery;

• If the wife was pregnant with another man’s child at the time of the marriage, unbeknownst to the husband;

• If one of the parties deserted the marriage for more than a year;

• If one of the spouses was convicted of a crime of moral turpitude and sent to jail for a period of two years or more;

• If one of the spouses is habitually intoxicated;

• If one of the spouses suffers from a habitual drug addiction;

• In one of the spouses inflicted cruel and unusual treatment on the other, such as in cases involving domestic abuse;

• If one of the spouses suffers from an incurable mental illness as declared by a judge or prescribing physician and has been confined to a mental institution for at least two years prior to the divorce action.

The Impact of Fault Grounds on Your Divorce

While disclosing private and often painful fault grounds in your marriage is unpleasant, these issues are something that should be immediately discussed with your divorce attorney. When filing for a divorce in the Gwinnett County Courts, any fault grounds that exist need to be listed in your divorce petition. In addition to forming the basis for your divorce, they can also have a major impact on the following divorce related proceedings:

• Marital property division;

• Spousal support, or alimony;

• Child custody and visitation.

Our Gwinnett County Divorce Attorneys are Here to Help

At Zimmerman & Associates, we have been providing trusted, compassionate, and professional legal representation to people throughout our area going through divorce for more than 40 years. To discuss issues that may impact your case, contact our Gwinnett County divorce attorneys and request a confidential, one-on-one consultation today.