In the State of Georgia a spouse may initiate a divorce by alleging one of two things, either the marriage is irretrievably broken or that the other party has caused the breakdown in the marriage. An allegation that the marriage is irretrievably broken is essentially a divorce that avoids placing fault on either party. However, when one spouse is alleging that the other spouse caused the breakdown of the marriage it is referred to as a fault divorce.
Under O.C.G.A. §19-5-3 states the grounds which a spouse may use to initiate a divorce based on the following, fault-based, grounds:
- illegal intermarriage
- Mental incapacity at the time of the marriage
- Force, menace, duress, or fraud in obtaining the marriage
- Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband
- Adultery in either of the parties after marriage
- Desertion by either parties for the term of one year
- The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment for a term of two years or longer
- Habitual intoxication
- Cruel treatment
- Incurable mental illness
- Habitual drug addiction
The grounds used to initiate the divorce proceedings are sometimes important based on the strategy used by the attorney. For instance, Georgia courts the law allow the judge to take misconduct of the parties into account when determining how to equitably divide the marital assets. Not all divorces are contested legal matters. However, in the event you are going to allege misconduct of another spouse it is important to consult with an experienced family law and divorce attorney. The Faucette Law Firm handles all divorce, custody, support and adoption related matters. Contact us today for a consultation.