Learn More>>Divorce>>Grounds for Divorce

Irretrievably Broken

In the 1970's, Georgia began to acknowledge what is known as the "irretrievably broken" marriage which in essence created a no-fault ground for divorce. All that must be shown is that the marital differences are "insoluble" and that the parries request a change in the marital status. The only question is whether any prospects for reconciliation exist. In Georgia divorces, "irretrievably broken" has become the most popular means for obtaining a divorce in a Georgia court. The trial court in an "irretrievably broken" divorce grants the divorce to both parties equally and no fault is assigned.

Cruel Treatment

Cruel treatment, to be a reason for granting a divorce in Georgia, must consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health. Georgia divorce courts will recognize repeated acts of violence as a grounds for diovrce but a single act of violence will not constitute cruel treatment unless the act is of such an atrocious nature that the circumstances indicate a probability of repetition. While mental cruelty can also constitute grounds for a divorce in Georgia, not all mental cruelty such crueal treatment as affords a ground for divorce. Examples are mere occasional rudeness or outbursts of passion, indifference, neglect, lack of consideration, etc . . .

Adultery

Adultery by either party is grounds for divorce in Georgia. Adultery in Georgia is defined as "intercourse" with a person other than his/her spouse. Therefore, same sex intercourse constitutes adultery in Georgia

Proof of adultery can obviously be difficult. Confessions by one spouse to another are looked at with extreme caution and generally need to be corroborated by independent evidence. However, rarely does direct evidence of adultery exist. Circumstantial evidence is allowed. Adultery committed after a separation of the parties is a grounds for divorce.

Desertion

Georgia divorce law allows for divorce by proving that one party has "deserted" the other. Three elements must be proven to obtain a divorce in Georgia for desertion:

1) Willful Absence--The purported wrongdoer must have the intention to desert. In other words, the absence must be willful and not justified by the condeuct of the other's spouse or with the other spouse's consent.

2) Cessation of Cohabitation--This can be proven by either demonstrating physical absence or by one spouse's denial of conjugal relations to the other spouse with teh intention of casting him/her off as a spouse completely, without jsutification, for the statutory period of one year.

3) Must be for one year and be continuous for that year and for that period immediately prior to the filing of the petition for divorce.