Every state has unique laws regulating personal behavior and relationships. The rules for marriage and divorce are slightly different from one state to the next. The discrepancies in regulations can lead to a lot of confusion.
People are unsure of what happens during a divorce. They may not even be certain whether or not they are eligible for a divorce. A spouse feeling trapped in an unhappy or unsatisfying marriage in Georgia may worry about whether or not they meet the necessary standard for divorce.
Typically, those petitioning the family courts for a divorce must provide the grounds on which they wish to pursue it. What grounds does Georgia recognize when people file for divorce?
No-fault grounds
Like the vast majority of other states, Georgia currently allows people seeking divorce to pursue no-fault divorce proceedings. A spouse seeking a no-fault divorce simply has to claim that there has been an irretrievable breakdown of the marital relationship.
They do not have to prove any kind of specific misconduct on the part of their spouse. For many people, no-fault divorce is the best option because it limits the likelihood of the divorce failing and can streamline proceedings and family court.
Fault-based grounds
Some states only allow for no-fault divorces, but Georgia allows fault-based divorces. The state recognizes twelve different fault-based grounds for divorce. The legal grounds for a fault-based divorce include:
- close biological relationships (consanguinity)
- mental incapacity at the time of marriage
- impotence
- securing marriage through fraud, duress or force
- pregnancy from an outside source at the time of marriage
- adultery
- desertion that lasts a year
- criminal convictions resulting in a two-year or longer sentence
- habitual intoxication
- cruelty/abuse
- incurable mental illness
- habitual addiction
There are sometimes circumstances that may warrant pursuing a fault-based divorce. A prenuptial agreement with penalty clauses or personal connections to a traditional religion might make a fault-based divorce the best option available.
Discussing state law and personal circumstances may help spouses decide how to proceed when they are ready to file for divorce. The more people know about their options, the easier it may be for them to move forward with a major change.