Grounds for Divorce in Georgia
Honest Answers and Strong Advocacy for Every Reason a Marriage Ends
Divorce can turn life upside down in ways you never expected. Whether it’s betrayal, years of unhappiness, or simply growing apart, the reasons people end a marriage are deeply personal—and they all deserve respect.
At the Edwards Law Group, we help Georgia families move forward with clear counsel and fierce representation. Let’s discuss your case.
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Fault vs No-Fault Divorce
Fault
Fault-based divorce in Georgia means showing that your spouse’s actions led to the end of the marriage. While this path can feel stressful and painful, it may be necessary to protect your rights over finances, property, and time with your children.
No-Fault Divorce
No-fault divorce allows you to step away without placing blame. You simply state that the marriage is beyond repair, which can help reduce conflict and make the process more straightforward.
The 13 Grounds for Divorce in GA
Adultery
When a spouse engages in sexual relations outside the marriage (commits adultery), it can be grounds for divorce. This often influences decisions about alimony and property division.
Desertion
If one spouse leaves the marital home for at least a year without justification, it may qualify as desertion. This abandonment can be cited in the divorce petition.
Cruel Treatment
Cruel treatment includes physical violence or severe emotional abuse that makes living together unsafe. Georgia courts take these claims very seriously.
Incurable Mental Illness
When a spouse has been institutionalized for at least two years due to mental illness with no likely improvement, this can be cited as a cause.
Mental Incapacity
If a spouse was mentally incompetent at the time of marriage, this may void the union. You will need medical evidence to support this claim.
Force, Duress, or Fraud
If you were pressured, threatened, or deceived into marriage, you can petition for divorce on these grounds. The burden of proof lies with the person making the claim.
Pregnancy Concealed at Marriage
If a wife was pregnant by another man at the time of marriage and the husband did not know, this can be grounds for divorce.
Conviction of a Crime
A spouse sentenced to prison for two years or longer after committing a moral offense may provide grounds for divorce. This can deeply impact parenting arrangements.
Habitual Intoxication
A pattern of alcohol or drug abuse that disrupts family life is recognized as a cause for divorce. Proving this behavior usually involves witness testimony and documentation.
Habitual Drug Addiction
A spouse with a severe, ongoing addiction can be cited as the cause of a marriage’s breakdown. Documentation and testimony strengthen these claims.
Impotency at the Time of Marriage
If a spouse is permanently impotent and unable to consummate the marriage, this can be a basis for divorce in Georgia. Medical records are often needed.
Intermarriage Within Prohibited Degrees
Marriages between close relatives are invalid in Georgia. Filing requires proof of the prohibited relationship.
Marriage Is Irretrievably Broken
If you and your spouse agree that the marriage cannot be repaired, you may file under this no-fault ground. This is the most common reason cited in Georgia divorces.
Set the Tone for Your Divorce With Our Team
Ending a marriage takes grit and the right strategy. Stand your ground with a team ready to advocate for your kids, wellness, property, and peace of mind.
Our Approach to Divorce Under Georgia Law
Step 1: Free Consultation
We sit down to hear exactly what brought you here, what you’re up against, and what outcome you need most.
Step 2: Case Assessment
Our team will comb through the details (finances, parenting, hidden risks) to build a strategy that puts you on solid ground.
Step 3: Filing and Service
Our family law attorneys will draft your divorce petition and deliver it to your spouse, starting the process on your terms.
Step 4: Negotiation or Mediation
We fight to secure fair custody, protect what’s yours, and settle disputes before they drain your time and money.
Step 5: Court Resolution
If talks break down, we’re ready to take your case to court and make sure your side is heard, loud and clear.
How Edwards Law Group Will Support You
Explain Your Rights
We break down Georgia’s divorce laws so you fully understand where you stand before making any decisions. You’ll know exactly what you’re entitled to—and what’s at risk.
Guide Your Decisions
Every choice you make now can shape your future. Our attorneys help you weigh your options, from custody arrangements to property division, so you can move forward safely.
Address Complex Legal Statutes
Divorce laws can feel like an emotional maze. Let us interpret the fine print and apply it to your situation. We’ll make sure nothing gets overlooked or misapplied.
Handle Complicated Paperwork
Filing for divorce involves mountains of forms and strict deadlines. We prepare, review, and file everything accurately to keep your case on track.
Grounds for Divorce in Georgia: FAQs
How long do you need to be separated in GA to get a divorce?
In Georgia, you must be separated for at least 30 days before the court will grant a divorce. “Separated” doesn’t always mean living in different homes. Instead, it means you’ve stopped marital relations and now consider the relationship over.
How many years do you have to be married to get alimony in Georgia?
There is no set number of years you have to be married to request alimony. Instead, the judge considers factors like the length of the marriage, each spouse’s income and earning capacity, and contributions made during the marriage.
Does it matter who files first for divorce in Georgia?
Filing first doesn’t give you a legal advantage in the final outcome, but it can help you set the tone of the case and prepare your strategy before your spouse responds.
What is considered abandonment in a marriage in Georgia?
Abandonment means one spouse left the marriage without cause and remained away for at least a year. This must be voluntary and without the agreement of the other spouse.
Schedule a FREE Consultation
Ready to draw a line and start fresh? Book your free consultation and put a skilled Georgia divorce attorney in your corner today.
