Grounds for Divorce in Georgia

Like all the other states in the union, Georgia employs a no-fault divorce which means you can obtain a dissolution of marriage without having to prove that your spouse did anything wrong. All that is required to obtain a no-fault divorce is for one or both of you to state that you refuse to live together in marriage and that no hope of reconciliation exists. In other words, the marriage is irretrievably broken. This is the fastest and easiest divorce to obtain, especially in cases where the spouses are not contesting any aspect of the divorce, such as child custody and visitation, the division of marital property and debts, or spousal support.

Georgia still maintains fault-based divorce which may be appropriate in some cases. In these cases, it may be advantageous for one or the other spouse to allege and prove fault-based grounds to the court. These grounds under Georgia law include 1) adultery 2) desertion by a spouse for at least one year 3) constructive desertion for at least one year which means engaging in physical or emotional abuse or refusing to have sexual relations 3) conviction of a crime considered to be of moral turpitude followed by a prison term of two or more years 4) habitual intoxication or drug addiction 5) incurable mental illness 6) cruelty resulting in the other spouse's fear of bodily harm or death 7) mental incapacitation at the time the marriage took place 8) the sharing of blood relations between spouses 9) impotency at the time the marriage took place 10) the marriage was entered into under duress, force, or fraud 11) pregnancy with another man's child other than one's spouse at the time of the marriage which fact was unknown to the husband.

Any of these fault-based grounds can impact the outcome of a divorce, such as resulting in one spouse being awarded child custody over another or a spouse being awarded alimony. To be advised on the best way to proceed with a divorce, it is always best to discuss your situation with an experienced attorney.

Divorce Firm Serving Dallas and Douglasville, Georgia

How a divorce is processed will depend on the facts and circumstances of the couple involved as well as their objectives and needs. Every case is different and should be approached from the viewpoint of what is best for the individuals involved as well as any children. Many factors will impact how a divorce is handled and the issues which will need to be resolved before it can be finalized through the courts. Getting proper legal advice is critical to the process as the decisions you make regarding your divorce may impact your life for years to come.

For those living in and around Dallas, Douglasville, Atlanta, and Paulding, experienced and capable legal help is available from the Howard Law Group. This is a firm with four local offices to service you and a legal team that has over 40 years of practice. These attorneys are proud of their effective track record in helping clients resolve divorce and other family law issues. They provide compassionate support as well as skilled counsel throughout the entirety of your legal process. Their experience means that there is no legal conflict or situation that they haven't handled before and to which they will apply all of their knowledge, ability, and skills. To learn more about how they can help you, contact the firm to schedule a case evaluation.