Grounds for Divorce in Atlanta, GA
A marriage is a legal relationship, so you need a legal reason to end it. The law sets forth 13 legal grounds for divorce in Atlanta, GA.
Understanding the implications of choosing a specific ground for divorce is important. You should make the decision in consultation with a skilled attorney from the team at the Atlanta Divorce Law Group.
The Law Offers Numerous Options
The Official Code of Georgia §19-5-3 is somewhat unusual because it offers so many legal grounds for divorce. They include fault-based grounds, one no-fault ground, and several options that render a marriage void. Those grounds offer a couple the option of annulment rather than divorce.
There are several grounds a spouse could cite to obtain either an annulment or a divorce. These include:
- Fraud, force, or duress
- One or both parties were mentally incapacitated
- The parties are too closely related by blood or marriage
- Impotence unknown to the wife
- Pregnancy by another man
When a spouse can prove one of these grounds and receives an annulment, it is as if the marriage never happened.
Annulments are uncommon, but Georgia family court judges will grant them when a spouse can prove their grounds. Speak with an experienced Atlanta, Georgia attorney if you are considering this option and need more information on grounds for divorce and your eligibility.
Fault-Based Grounds Must Be Proven
The law offers numerous fault-based grounds for divorce. When you cite a fault-based ground, you must have evidence proving it. Citing fault prolongs the proceedings and leads to additional expense, but it can be a good strategy.
Most people are aware that adultery is a ground for divorce, but it is not the only fault-based ground. Others include:
- Desertion for at least one year
- Cruelty that leads a spouse to fear for their life or health
- Habitual intoxication or drug addiction
- Conviction of a crime of moral turpitude with a sentence of at least two years in prison
- Incurable mental illness that has lasted at least two years
Proving the fault-based grounds requires specific types of evidence that your lawyer can explain.
The strategic advantage of citing a fault-based ground is that it may prompt an uncooperative spouse to make concessions to reach a divorce settlement. In some cases, a family court judge might consider a spouse’s fault when making decisions about alimony, property division, and child custody. Speak with an Atlanta attorney about whether citing a fault-based ground for divorce might be beneficial in your specific situation.
Most Couples Choose No-Fault Grounds
Georgia’s single no-fault ground for divorce is that the marriage is irretrievably broken. No proof is required—if one spouse feels the marriage cannot be saved, that is all that is needed for the court to grant a divorce.
Many people who file for divorce citing fault-based grounds also cite the no-fault ground. If the couple settles before the case goes to trial, they can obtain a divorce on the no-fault grounds and avoid presenting evidence of the fault-based grounds.
Unless there is a strategic objective for citing fault, our Atlanta divorce attorneys often advise using the no-fault ground even when you have proof of your spouse’s fault. Doing so allows you to focus on negotiating a property settlement and child custody arrangements. Working cooperatively with your spouse usually leads to a quicker, less expensive, and more amicable divorce.
Consult with an Atlanta Attorney When Choosing Grounds for Divorce
The ground you choose when you file for divorce sets the tone for the legal proceedings. Make sure you understand your options and their implications when selecting grounds for divorce in Atlanta, GA.
Our attorneys are experienced in handling fault-based and no-fault divorces and annulments. Schedule a free consultation with a member of the family law intake team today.
