What Are The Grounds For Divorce In Georgia

Specifically, how might this impact individuals going through divorce?

Exploring Grounds for Divorce in Gwinnett County, Georgia

At Sachs Family Law, located in Gwinnett County, Georgia, we understand that a clear understanding of divorce proceedings in our region is crucial. Gwinnett County requires you to choose one of the 13 specific grounds for divorce. These grounds range from irreconcilable differences to conduct-based reasons such as cruelty and adultery. Your selection of grounds impacts the information that has to be proven at trial, and could have an impact on various divorce-related matters, including property division, alimony, child custody, and even divorce modification in Gwinnett County.

What Are the Grounds for Divorce in Georgia?

Georgia recognizes the following 13 grounds for divorce:

  1. The marriage is irretrievably broken.
  2. Intermarriage by people within the prohibited degrees of kinship.
  3. Mental incapacity at the time of the marriage.
  4. Impotency at the time of the marriage.
  5. Force, menace, duress, or fraud in obtaining the marriage.
  6. Pregnancy of the wife by a man other than the husband at the time of the marriage (and unknown to the husband).
  7. Adultery during the marriage.
  8. Desertion.
  9. The conviction of a crime of moral turpitude resulting in a prison sentence of two years or longer.
  10. Habitual intoxication.
  11. Cruel treatment.
  12. Incurable mental illness.
  13. Habitual drug addiction.

Be sure to look at the Georgia Divorce Statute 19-5-3 to learn more.

Grounds for Divorce in Gwinnett County

It’s important to note that if you seek a divorce based on any of these grounds (except “the marriage is irretrievably broken”), you must provide evidence of the alleged misconduct or fault.

Impact of Conduct on Your Divorce Settlement and Divorce Modification in Gwinnett County

In Gwinnett County, as in the rest of Georgia, misconduct or fault within the marriage can significantly influence the final divorce settlement in Gwinnett County. For example:

  • If your conduct, such as engaging in an affair or subjecting your spouse to cruel treatment, contributed to the breakdown of the marriage, the judge may consider it unfair to make the innocent spouse lose the marital home or may award a larger portion of marital property to the innocent spouse.
  • In cases where you are convicted of a crime or engage in behaviors like domestic violence, the judge may determine that your spouse should have sole custody of the children.
  • If your adultery is the reason for the marriage’s dissolution, you may not be eligible for alimony.

Before asserting a fault ground for divorce, it’s crucial to seek legal advice, as certain circumstances could affect your case. For example, if your spouse committed adultery in the past, but you both reconciled, the court may consider that you condoned the behavior, rendering it invalid as a ground for divorce.

Contact Our Gwinnett County Divorce Attorneys Today

Whether you are contemplating divorce or need to respond to a divorce filing in Gwinnett County, attorney Dodie Sachs is here to guide you. Please reach out today to schedule a discreet consultation and discuss your specific situation. Contact Sachs Family Law.