When a marriage reaches a breaking point, the legal process of ending that relationship begins with an important question: What grounds are you filing on? In Georgia, there are 13 legally recognized grounds for divorce, and choosing the right one can affect whether the judge has the ability to grant the divorce and whether you are required to have a hearing.
At Sachs Family Law, we help clients in Buford, Commerce, and across Northeast Georgia understand their rights under O.C.G.A. § 19-5-3, which outlines all 13 grounds for divorce. Some are rarely used, such as fraud at the time of marriage or incurable mental illness. Others, like adultery and cruelty, may serve a strategic purpose when supported by strong evidence. But for most people, divorce in Georgia is filed under what’s known as the “no-fault” ground, when the marriage is simply “irretrievably broken.”
In this post, we’ll walk you through the difference between fault and no-fault divorce, explain the most commonly used grounds, and share what you should know about how your choice may impact the outcome of your case.
No-Fault Divorce in Georgia: What It Means and When to Use It
The most common ground for divorce in Georgia, by far, is the no-fault option: “the marriage is irretrievably broken.” This means that at least one spouse believes the marriage cannot be repaired and is unwilling to reconcile. Under O.C.G.A. § 19-5-3(13), no proof of misconduct is required. You don’t have to show that either party did something wrong, only that the marriage is beyond saving.
This no-fault option is often the most practical and least contentious path, especially when both parties agree the relationship has come to an end. It’s also the quickest route to divorce, as it sidesteps the need for evidence or witness testimony about who caused the breakdown of the marriage.
At Sachs Family Law, we often recommend filing on this ground unless there is a strategic reason to claim fault. For example, if one party is seeking spousal support and the other can prove adultery or desertion, that may eliminate alimony under Georgia law. But in many cases, particularly when both parties want to move forward efficiently and minimize courtroom conflict, the no-fault route offers a clean, respectful exit.
If you’re not sure whether a fault-based claim is necessary, our attorneys will take time to review your unique situation and explain your best options, not just legally, but emotionally and financially.
Fault-Based Divorce Grounds in Georgia: When They Matter
While no-fault divorce is the most common approach in Georgia, there are times when it may be in your best interest to pursue a fault-based divorce. Georgia law recognizes 12 fault grounds under O.C.G.A. § 19-5-3, including adultery, desertion, and cruelty. These are not just labels: when properly supported with evidence, fault-based grounds can influence decisions related to alimony, child custody, and equitable division of property.
For example, if your spouse committed adultery and you can prove it, Georgia law may bar that spouse from receiving alimony. If your spouse abandoned you for more than a year or engaged in cruel treatment that made the marriage unsafe, those facts can strengthen your case both emotionally and legally.
However, pursuing a fault-based divorce requires more than suspicion; it requires proof. Evidence may include texts, emails, financial records, or witness testimony. At Sachs Family Law, we help clients understand what’s required to support these claims and whether the potential benefits outweigh the additional conflict and expense. Some of the most frequently cited fault grounds include:
● Adultery
● Cruel treatment
● Willful desertion for one year
● Habitual intoxication
● Drug addiction
● Conviction of a crime with imprisonment of two or more years
Other grounds, such as mental incapacity at the time of marriage or pregnancy by another man unknown to the husband are rarely used but remain on the books.
Filing on fault can have serious implications. It can also make the divorce process longer and more adversarial. That’s why Sachs Family Law takes a strategic, case-by-case approach, helping clients in Buford, Commerce, and across North Georgia evaluate whether a fault-based claim is appropriate.
Need Clarity on Divorce Grounds? Dodie Sachs Explains Your Options Below
Divorce can feel overwhelming, but understanding your legal rights shouldn’t. Whether you’re weighing your options or ready to file, the first step is knowing what grounds apply to your situation and how they might affect your case. At Sachs Family Law, we provide clear, informed guidance based on Georgia law and years of experience serving families in Buford, Commerce, and surrounding areas.
Still not sure which path is right for you? Watch our quick video, where Attorney Sachs breaks down the 13 legal grounds for divorce in Georgia. It’s a helpful, plain-language overview that can give you immediate clarity, even before your first consultation.
Then, when you’re ready to take the next step, schedule a consultation with Sachs Family Law. We’ll walk you through your options, explain what the law allows, and help you make smart, confident decisions for your future. Contact us today or contact us online to get started.
