Georgia’s divorce grounds: both options available

Georgia offers flexibility by allowing couples to divorce either without assigning blame or by citing a specific fault ground. A no-fault divorce focuses only on the fact that the marriage cannot continue. A fault-based divorce usually asserts that one spouse engaged in misconduct that contributed to the end of the relationship. The choice can impact the complexity of the case, the amount of evidence required, and whether fault is a factor in property or support decisions.

No-fault divorce in Georgia

A no-fault divorce is the simpler option for most families.

Irretrievable breakdown

You only need to show that the marriage is irretrievably broken. One spouse’s testimony is usually enough, and no proof of wrongdoing is required. This makes it the least confrontational approach.

Benefits of a no-fault approach

A no-fault case is usually resolved more quickly because you avoid the need to gather evidence or prove misconduct. It often reduces stress and legal costs, and it protects your privacy by keeping personal issues out of the public record. Many couples choose this route when they want to end the marriage amicably or avoid unnecessary conflict.

No fault requirements

To file, you must cite an irretrievable breakdown in your petition, testify that the marriage cannot be saved, and meet Georgia’s residency requirement of six months. Aside from resolving property, custody, and support issues, the legal steps are straightforward.

Fault-based divorce in Georgia

Some spouses choose to file based on fault when misconduct is significant or when fault may influence financial outcomes.

Statutory fault grounds

Georgia recognizes thirteen possible fault grounds. These include adultery, desertion for one year, cruel treatment, habitual intoxication or drug use, mental incapacity at the time of marriage, criminal conviction with a long sentence, fraud or duress in obtaining the marriage, impotency at the time of marriage, and certain other specific circumstances.

Proving fault

A fault-based divorce requires evidence, not just accusations. This can involve witness testimony, documentation, financial records, or even an investigation. Because the burden of proof is higher, these cases tend to be more adversarial and more time-consuming, and they usually come with higher legal costs.

How fault affects divorce outcomes

Fault can play a significant role in some divorce cases, particularly in matters related to alimony and property division.

Impact on alimony

Georgia law states that a spouse who committed adultery or deserted the marriage and caused the divorce may be barred from receiving alimony. Other kinds of misconduct may also influence the amount or duration of support awarded.

Impact on property division

Property in Georgia is divided equitably, not necessarily equally. While fault does not automatically change the split, serious misconduct such as wasting marital assets or abuse can factor into what the court considers fair.

Impact on child custody

Custody decisions focus strictly on the child’s best interests. Fault between spouses is not a deciding factor unless the behavior affects the child’s safety or well-being. Issues like substance abuse, violence, or neglect may directly impact custody and parenting time.

Choosing between no-fault and fault-based divorce

Deciding which approach to take depends on your goals, your relationship with your spouse, and whether fault could change the financial outcome. No-fault divorce works best when both spouses want to move forward with minimal conflict. Fault-based divorce may be appropriate when a spouse’s misconduct is significant, documented, and could impact alimony or the overall settlement.

Consider no-fault when:

A no-fault divorce is usually the better choice when the focus is on resolution rather than blame. It works well when:

Consider fault-based when:

A fault-based divorce may be worth pursuing when misconduct is serious or when proving fault could create a clear financial advantage. It may be appropriate when:

Consulting an attorney

Because fault can affect alimony and, in rare cases, property division, it is important to speak with a Georgia family law attorney before deciding how to file. An attorney can review the strength of the evidence, explain the strategic pros and cons of each approach, and help you choose the path that aligns with your goals and the realities of your case.

Conclusion

Georgia allows for both no-fault and fault-based divorces, providing spouses with flexibility depending on their individual circumstances. A no-fault divorce, based on an irretrievable breakdown, is usually simpler, faster, and less contentious. A fault-based divorce may provide strategic advantages when misconduct such as adultery or desertion could impact alimony or property division. The right choice depends on your specific situation, goals, and the evidence available to you.

Understanding how each option works can help you make informed decisions and move through the divorce process with clarity. Speaking with an experienced family law attorney can also help you evaluate your options and choose the approach that best protects your rights.

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