What Are Grounds for Divorce in Georgia?
Grounds for divorce vary from state to state. Grounds for divorce is the legal justification for seeking a dissolution of marriage. Some states are no-fault divorce states, meaning anyone who wants to dissolve their marriage can, as long as they declare that the marriage is irretrievably broken, or broken beyond repair. Other states are fault grounds states, meaning they require a specific element be present to grant a dissolution. These elements can range from wrongdoings on the part of one spouse during the marriage to incarceration. Georgia has both fault and no-fault grounds for divorce.
In Georgia you can seek a dissolution of marriage if you declare your marriage is irretrievably broken. For the marriage to be irretrievably broken, one spouse needs to declare he or she no longer can live with their spouse and that there is no possibility of a reconciliation. Your spouse does not have to agree with these grounds and no wrongdoing has to be shown for the divorce to be granted. Georgia also recognizes 12 fault grounds for divorce as well. Georgia’s fault grounds for divorce include adultery, desertion, abuse, mental incompetence at the time of the marriage, impotency at the time of the marriage, incest, unknown pregnancy at the time of marriage, coercion or fraud in obtaining the marriage, mental illness, habitual intoxication or drug addiction, and certain criminal convictions and imprisonment. In addition to grounds for divorce, Georgia also has specific grounds for annulments, in cases where the marriage was never legally valid.
In Georgia, you can be granted an annulment if either you or your spouse were not legally able to be married under state law and thus the requirements for a legally valid Georgia marriage were never met. You must be 18 years of age to legally enter into a marriage contract, without parental consent. You must also be single, i.e. not married to someone else, mentally competent, not closely related to your spouse-to-be and you must consent to the marriage. Speak to an experienced Georgia family law attorney if you have questions about the grounds for divorce in Georgia. Georgia family law can be complex so make sure you are aware of your rights and options as a married person.
Are you in the Roswell area and have questions about the requirements for getting a divorce in Georgia? Thomas C. Rowsey, P.C. is experienced in family law and will help you navigate the divorce process from beginning to end. Based in historic Roswell, GA, Thomas C. Rowsey Attorneys at Law serves those across the greater Atlanta metropolitan area including Roswell, Alpharetta, Marietta, Milton, Johns Creek, Cumming and Sandy Springs. Contact our office today at (770) 993-5317 or fill out our online form to schedule a free consultation. Offering expert legal counsel in personal injury, criminal defense and family law, Thomas C. Rowsey Attorneys at Law are here to help.
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