Divorce has become so frequent in recent years that it is easy to forget you must have grounds to file for divorce. Essentially, grounds are the underlying reasons for the divorce and different states have different definitions for what constitutes grounds and what does not.
The first thing you need to know if you are a Georgia resident is that GA is a no fault divorce state. You are given 13 options to choose from as the grounds for your divorce. Each one can have a different effect on the outcome of property division, custody of children and alimony payments.
The 13 recognized grounds for divorce in Georgia are:
- An irretrievably broken marriage which is also called irreconcilable differences
- If one of the parties were mentally incapable at the time of marriage
- If the parties are too closely related by blood
- Impotency at the time of the marriage
- If the marriage were obtain using fraud, duress or force
- If the wife is pregnant by another man at the time of the marriage and the husband doesn’t know
- Adultery of either party
- If one of the participants commits a crime that results in a prison term of two years or longer
- Abuse or cruel treatment
- An incurable mental illness
- If one of the parties is a habitual drug user
- If one of the parties has a habitual drinking problem
When you file for divorce using irreconcilable differences as the grounds you do not have to provide proof. But if you use any of the other 12 grounds listed above then you must provide proof as to who is at fault by showing a pattern of conduct.
Before you file for divorce it is always advisable to consult with an attorney. An experienced divorce lawyer can go over your options and help you understand which grounds would best fit your situation. Contact an attorney at 770.786.1220 for any questions you might have regarding your divorce.