The first one that I hear most often is, "Is Georgia a fault or no-fault divorce State?" And the answer is both.
In Georgia there are thirteen independent grounds that are recognized for divorce, 12 of those grounds are considered to be fault grounds.
The first ground recognized by Georgia is called the intermarriage by persons within the prohibited degrees of affinity.
The second has to do with the mental incapacity of one of the parties at the time that the marriage occurred and this really impart goes to the validity of the marriage because in order to form the marital quote on quote contract both parties have to be capable of making sound decisions about that.
The third round recognized and it's pretty self-explanatory is impotency at the time of marriage. Before it has to do with forced Menace, duress or fraud in obtaining the marriage and again these are things that can go to the actual validity of the marriage but what this has to do with his taking somebody and compelling them to do something that they otherwise would not have done.
The fifth ground is pregnancy of the wife by a man other than the husband at the time of the marriage, unknown by the husband.
The sixth ground is one of the ones most commonly thought of by people and that's adultery by either of the parties after the marriage has occurred and number seven is desertion by either of the parties for a term of one year or more. What's important to know about both number six and number seven, is there are some specific consequences that relate to alimony, if either one of these is determined to be the cause of the dissolution of the marriage, for example if one party commits adultery and that is determined to be the cause for the dissolution of the marriage that party cannot as a matter of law get alimony.
The eighth grounds for divorce is the conviction of either party for an offense involving moral turpitude and under which he or she is sentenced to a term of imprisonment of two years or more. This often leads the question of what is an offense involving moral turpitude and generally without getting too specific that has to do with crimes that involve demonstrations of poor character.
The ninth and this is actually also related to the twelfth is Habitual intoxication by one of the parties.
Number ten is cruel treatment by one of the parties and cruel treatment as defined by the law is treatment that either involves the willful infliction of pain or bodily or mental injury upon the other party whose filing asserting that has a ground, provided such reasonably justifies an apprehension of danger to life, limb or health. Those are read extremely broadly by the court and in fact it's very common for a situation where somebody search the ground of adultery to also assert cruel treatment because that is considered mental cruelty. Particularly if the other parties is advertising to the other spouse that they are in the process of committing adultery or have committed it etc.
Number eleven is incurable mental illness and one very interesting thing about this is unlike virtually every other type of ground to assert for divorce, when asserting a around for incurable mental illness, it is often decided by the court that you never less have to continue to support that person throughout their life.
Number twelve as I said was related to number nine and number twelve is the habitual drug addiction by one of the parties. Those are what are considered to be fault the grounds for divorce in Georgia and thirteenth and this the no fault one and as a practical matter the one that is usually the basis for almost all of the divorce is that are granted in Georgia today and that is that the marriage is irretrievably broken with no hope of reconciliation .
Again, I'm David Ward from the Ward law firm and I help protect the small business owner in divorce.