6/5/2013 4:58:00 PM by The Cherry Law Office
Georgia is a “no-fault” divorce state, so you can get a divorce based solely on the basis that the marriage is irretrievably broken. When a marriage is irretrievably broken, the parties are unable to resolve differences in their marriage and they feel their only option is to file for divorce. The party filing for divorce is not to blame the other party in the breakup of his marriage and not the fault of either party that are divorcing. In some cases, people may want a divorce over fairly quickly and / or feel you may annoy your spouse and could cause problems during the divorce process, if the list nothing but irretrievably broken as a ground for divorce.
One disadvantage citing irreconcilable differences as the cause of divorce is that it can cover the real reason for divorce. Although a large number of divorces end due to irreconcilable differences, there are some cases where it is the behavior of the opposing party causing problems in marriage. If someone decides to choose one of the “fault grounds” in Georgia, there are ten additional reasons for divorce that you can choose based on past behavior of your current spouse. These reasons are divided into two separate categories: behavior at the time of marriage and conduct during the marriage, as indicated below:
1. The following grounds for divorce occurred at the time of marriage of the parties:
a. Mental incapacity at the time of marriage;
b. Impotence at the time of marriage, and
c. Force, threat, coercion or fraud in obtaining the marriage;
2. The following grounds for divorce occurred after the marriage of the parties:
a. The pregnancy of the woman by a man other than her husband at the time of marriage, the husband is unknown;
b. Adultery of either party after marriage;
c. Willful and continued desertion by either party for a period of one year;
d. The conviction of either party for a crime involving moral turpitude, under which he or she is sentenced to imprisonment in a penal institution for a term of two years or more;
e. Habitual intoxication;
f. Habitual drug addiction of a controlled substance, and
g. Cruel treatment, which shall consist of the intentional infliction of pain, physical or mental, the complaining party, of which reasonably justifies apprehension of danger to life, limb or health.
There are also two other reasons for divorce, which does not correspond to any of the categories listed above. The first reason is for marriage within the prohibited degrees consanguity or affinity. The second reason is incurable mental illness. In order to claim this reason, you will have to prove that a court of competent jurisdiction has declared that the spouse is mentally ill or your spouse has been certified mentally ill by two doctors who examined him or her personally.