The 13 Grounds for Divorce in Georgia
1. Adultery
Adultery is one of the most significant grounds for divorce in Georgia. If a spouse engages in sexual relations with someone outside the marriage, the other spouse may file for divorce on the basis of adultery. This ground is based on the principle that marital infidelity undermines the foundation of the marriage.
2. Desertion
Desertion, or abandonment, occurs when one spouse leaves the marital home without consent and with no intention of returning. Georgia law requires that the desertion must have lasted for at least one year before a divorce can be filed on this ground.
3. Cruel Treatment
Cruel treatment includes physical or emotional abuse that makes it intolerable for one spouse to continue living with the other. This ground is meant to address situations where one partner's behavior is so harmful that it justifies the dissolution of the marriage.
4. Habitual Drunkenness
If one spouse is habitually drunk, this can be grounds for divorce. The drunkenness must be continuous and not occasional to qualify. This ground reflects concerns about the negative impact of alcoholism on the marital relationship.
5. Drug Addiction
Similar to habitual drunkenness, drug addiction can also be grounds for divorce. The addiction must be severe enough to affect the marriage significantly. This ground acknowledges the strain that substance abuse can place on a marital relationship.
6. Mental Illness
A spouse's severe mental illness can be a ground for divorce if it has persisted for a significant period and has made the marriage untenable. This ground takes into account the challenges posed by long-term mental health issues in maintaining a marriage.
7. Incurable Insanity
If a spouse is diagnosed with incurable insanity, the other spouse may seek a divorce. This condition must be proven through medical evidence and must be such that it makes marital life unmanageable.
8. Conviction of a Felony
A felony conviction can be grounds for divorce if the convicted spouse is sentenced to imprisonment for a term of two or more years. This ground reflects the impact that a felony conviction and subsequent imprisonment can have on the marital relationship.
9. Intermarriage
Intermarriage involves a marriage between close relatives who are not legally allowed to marry under Georgia law. Such marriages are invalid, and divorce may be sought on the grounds of being in an illegal marriage.
10. Irreconcilable Differences
Irreconcilable differences are a more modern ground for divorce in Georgia. It indicates that the marriage has broken down beyond repair due to differences that cannot be resolved. This ground allows for a no-fault divorce, meaning neither spouse has to prove wrongdoing.
11. Lack of Cohabitation
When spouses live separately without any intention of reconciling, this can be grounds for divorce. This situation must have persisted for a minimum period, typically one year, to establish the basis for divorce.
12. Separation for One Year
A separation of one year or more is a ground for divorce in Georgia. This period allows couples to live apart and reflect on the viability of their marriage. The separation must be without cohabitation to qualify.
13. Impotence
Impotence, or the inability to engage in sexual relations, can be grounds for divorce if it was present at the time of marriage and is permanent. This ground addresses issues related to the consummation of marriage, which is a fundamental aspect of marital relations.
Conclusion
Understanding the grounds for divorce in Georgia is crucial for anyone considering this legal step. Each ground reflects different aspects of marital dissolution, from personal conduct to legal issues. Knowing these grounds can provide valuable insight and help individuals make informed decisions about their marital situation.
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