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Family Law

: Georgia Family Law Blog

Georgia Grounds for Divorce

By Stephen Worrall

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The Petition for Divorce is the initial document filed with the Georgia court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The granting of a divorce shall be according to one of the following grounds:

No Fault Based Grounds:

(1) The marriage is irretrievably broken. Under this ground the parties will not be granted a divorce until 30 days have lapsed from the time of filing.

Fault Based Grounds:

(1) Intermarriage by persons within the prohibited degrees of consanguinity or affinity; (2) Mental incapacitation; (3) Impotence at the time of getting married; (4) Force, duress and fraud (5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband; (6) Adultery by either spouse (7) Willful and continued desertion by either of the spouses for the term of 1 year; (8) Conviction of a felony and imprisoned for a term of 2 years or longer; (9) Habitual drunkenness; (10) Cruel treatment; (11) Incurable mental illness. (12) Habitual drug addiction. (Georgia Code - Sections: 19-5-3)

Every divorce case that is filed in the state of Georgia must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions.

SOURCE FOR POST: DivorceSupport.com

Full post as published by Georgia Family Law Blog on January 30, 2008 (boomark / email).