Legal Grounds for Divorce in Georgia

Divorce is a serious matter and as such you should give serious consideration to obtaining legal advice from an attorneyin your state of residence. The state of Georgia has thirteen separate grounds for divorce. Each grounds for divorce has specific qualifications it must meet before a divorce will be granted.

Here are legal reasons for obtaining a divorce in this state:

Intermarriage by persons within the prohibited degrees of consanguinity or affinity

In laymen terms this means that the husband and wife come from the same blood line. This can be determined to mean incest between family members. It is only acceptable for blood descendents to marry if the couples bloodline are far removed from each other.

Mental Incapacity at the time of the marriage

Giving this reason for consideration is stating that you or your spouse were mentally incapable of making a sound decision about marriage at the time your vows were taken. Cases such as these could include being too inebriated or drug induced when the decision was made to get married.

Impotency at the time of the marriage

Impotency is the inability to perform sexually. If your spouse is unable to have intercourse with you, it is legal grounds for a divorce in Georgia. This law implies that impotency was present when you got married and that you were unaware of the impossibility of sexual relations with your spouse.

Force, menace, duress or fraud to obtain the marriage

This implies that you were forced in some way to marry your husband/wife. Shotgun weddings come to mind when you think of this law. This can also mean that you were lied to by your husband/wife about some part of their life in order to get you to the altar. This could mean such things as telling a man that you are pregnant in order to get them to marry you. After the wedding, the deceit is uncovered. This is grounds for a divorce in the state of Georgia.

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Pregnancy of the wife by another man prior to the wedding

If your wife lied to you about who the father of the child was before you were married and you later find out the child isn’t yours, you may obtain a divorce in this state.


Adultery is the act of sexual intercourse with someone other than your spouse. If a husband or wife has committed adultery, their spouse can seek to dissolve the marriage. This is a standard reason for legal divorce in nearly every state in the United States.

Willful and Continued Desertion

If your husband/wife deserts the marriage for a period of one year, you are entitled to a divorce in this state. Desertion generally means that the spouse has left the home with no intention of returning.


If your spouse is convicted of any crime involving moral turpitude, your marriage can be dissolved. Your husband/wife must be sentenced to a term of at least two years in a prison. Crimes of moral turpitude include such things as rape, robbery and even soliciting a prostitute.

Habitual Intoxication

There is an implication of alcoholism with this very legal grounds for divorce. If a spouse continually has an alcohol problem and show no signs of correcting his/her problem, you may be granted a divorce.

Cruel Treatment

This law covers the possible physical or mental abuse factors. If you are in harm’s way either mentally or physically, you will be granted a divorce to prevent you from having to endure further harm.

Incurable Mental Illness

This is a very involved law and requires a great deal of proof before you are able to obtain a divorce for this reason. It requires that you have testimonies from two physicians that have examined your husband/wife. Your spouse has to have been institutionalized for a period of at least two years prior to filing for a divorce for this reason.

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Habitual Drug Addiction

As with alcohol abuse, you may obtain a divorce from your spouse if they are using involved in a great deal of drug use and show no signs of seeking help to desist the behavior.

Irretrievably Broken

This is a divorce that is agreed to by both parties. If both parties agree, a divorce can be obtained after a thirty day waiting period. This is also known as a no-fault divorce in other states.

It cannot be stressed enough that you should obtain the legal advice of an attorney before you attempt to proceed with a divorce for any reason. Although it can be a money saving effort to keep lawyers out of the picture, you could end up in deep mud if you don’t seek this very valuable legal help.