Legal Information: Georgia

Divorce

Updated: 
November 12, 2018

What are the grounds for divorce in Georgia?

“Grounds” are legally acceptable reasons for a divorce.  The judge can grant you a “no-fault” divorce in Georgia based on the marriage being “irretrievably broken” (impossible to fix).1  The other reasons that a judge can grant a divorce are if you or your spouse:

  • are too closely related to each other as defined by law;
  • was mentally incapacitated at the time of the marriage;
  • was impotent at the time of marriage;
  • forced, threatened, or deceived the other into getting married;
  • was pregnant at the time of marriage by a man other than the husband, and the husband did not know this;
  • commits adultery (cheats);
  • have willfully deserted the relationship for a period of 1 year;
  • are convicted of a crime that involves moral turpitude and have been sentenced to prison for at least 2 years;
  • are habitually intoxicated;
  • engaged in “cruel treatment” by intentionally causing physical or emotional pain that  reasonably causes fear of serious injury or danger to one’s life or health;
  • have an incurable mental illness, which has been “certified” by a court or by two physicians who have personally examined the patient, and the patient has been institutionalized for a period of 2 years before the filing of the divorce; or
  • are addicted to drugs (any controlled substance).2

1 Georgia Code § 19-5-3(13)
2 Georgia Code § 19-5-3(1)-(12)