ARTICLES - Legal Grounds For Divorce

WHAT YOU NEED TO KNOW? BE SMART - UNDERSTAND THE LAW

By: Stuart H. Grozbean

One of the most asked questions from people looking to separate or divorce is: Do I have grounds for divorce?

Here are the grounds for divorce in Georgia:

Adultery; Desertion; Voluntary Separation; Conviction of a Felony; Two Year Separation; Insanity; Cruelty of Treatment; and Excessively Vicious Conduct; Bigamy; Voluntary separation  (requires that both parties live separate and apart).

Voluntary Separation is where both of you agree to live separate and apart without cohabitation. This means that you are mutually agreeing to live in separate residences. Georgia does not allow the two of you to stay in the same home and assert voluntary separation as a grounds for divorce. 

The courts distinguish between "constructive desertion"and "desertion", which (under desertion) is when one of the parties leaves without the intention of returning. If the other person forces you to leave, that is "constructive desertion." You won't be penalized by the court if you leave for your own protection or that of the child(ren).

Cruelty and vicious conduct is where you have been abused by your spouse. The mere fact that the two of you are not speaking is not generally considered abuse.

Adultery is where your spouse is having sexual relations with another person. However, once you learn of the adultery and still have sexual relations with your husband it is deemed condoned or in plain english, forgiven. You do not have to catch the spouse in the actual act. The Court applies a more lenient test. Our attorney's can explain in more detail.

If your spouse has been incarcerated for more than 18 months, then you can file for a divorce.

Bigamy is where one of the spouses has been married before, but never obtained a valid divorce.

Finally, Georgia recognizes a two year no fault divorce where no ground are necessary if you have lived separate and apart for the past 24 months.

Georgia also has a limited divorce statute. However, it is often duplicitous and can cause more money in legal fees. Whether it is an appropriate cause of action for you needs to be discussed with the attorney.

Find out more about Family Law Issues by going to our articles, (1) "What is Divorce and Separation?"  (2) "What is Domestic Violence?" (3) "Negotiation Vs. Litigation!"               

A Georgia law firm also serving the District of Columbia and the Nations. Our Georgia divorce attorneys understand the law to better help you.

YOU SHOULD REMEMBER THE INFORMATION THAT YOU READ HERE IS GENERAL IN NATURE AND NOT MEANT TO BE A SUBSTITUTE FOR SPECIFIC LEGAL ADVICE FROM AN ATTORNEY. CALL TODAY FOR A CONSULTATION.

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