In order to begin a divorce proceeding, the party filing for divorce must first submit a petition. In the petition, the party will cite the grounds for divorce. Grounds for divorce are divided into grounds of fault or grounds of no fault by either party. This means that Georgia allows parties to file for divorce when neither party is at fault. When the party wishes to file a no-fault divorce, the party will state in the petition that the marriage is “irretrievably broken.” This is a catch-all and is virtually unlimited. It does not matter if your spouse cheated on you or you can not stand the way he or she looks anymore. Therefore, the court will not look at the reason why you are seeking a dissolution and the motivation will not affect the outcome of your case. For instance, if you were cheated on, you will not get more than your community share of the marital property. As previously stated, the other alternative is to file on grounds of fault. Georgia law contains 12 fault-based grounds for divorce.
What are the Grounds for a Fault-Based Divorce?
- Adultery
- Abandonment/Desertion
- Cruel treatment
- Incest
- Mental incapacity
- Fraud or duress
- Pregnancy of the wife by a man other than the husband
- Imprisonment
- Habitual intoxication
- Incurable mental illness
- Habitual drug addiction