Every spouse has their own expectations for marriage. People choose to marry for reasons ranging from a desire to develop a family to cultural standards. Spouses typically enter into marriage with an expectation that it should last for life, but that is not always what happens.
Some people end up feeling deeply dissatisfied by their marital relationships and may eventually decide to divorce. Those who want to terminate their marital commitments may have questions about the process ahead. For example, some people feel uncertain about whether or not they even qualify for divorce based on their current circumstances. They may question whether their situation meets the legal standard required for divorce.
Typically, those petitioning the courts for divorce cite the legal grounds for dissolving the marital relationship. What grounds do the Georgia family courts recognize as reasonable justification for divorce?
Georgia offers no-fault divorces
Most people who decide to divorce in Georgia pursue no-fault divorces. They assert an irretrievable breakdown of the marriage, which allows for a relatively quick divorce process in many cases. However, people can also request fault-based divorces if their situation involves specific concerning factors.
The Georgia family courts recognized that people may change to divorce because of the conduct of one spouse or highly unusual circumstances. The fault-based grounds for divorce in Georgia include:
- marriage involving close relatives
- impotency or mental incapacity at the time of marriage
- force, duress or fraud used to secure the marriage
- adultery
- desertion lasting at least a year
- convictions for crimes of moral turpitude
- habitual drug use or drunkenness
- cruel treatment
- incurable mental illness
Typically, those pursuing fault-based divorces must gather documentation that helps prove their situation falls into one of those specific categories.
Even those in qualifying personal situations sometimes choose to pursue no-fault divorces for the sake of expedience. They may also want to minimize the conflicts they have with their spouses during the divorce process. Some people might respond graciously to no-fault divorce filings but may become very aggressive when accused of being at fault for the decline of the marital relationship.
Discussing marital circumstances and expectations for the divorce process can help people determine whether a no-fault divorce or a fault-based divorce is the best option for them. Those who understand the basics of state statutes can better plan for the future.