Divorce is the legal dissolution of a marriage. In Georgia, there are two main types of divorce:
- Contested: a divorce where the parties disagree on one or more issues, such as custody, alimony, or property division
- Uncontested: a divorce in which both parties agree on all matters
Grounds for Fault Divorce
Georgia law recognizes 12 different grounds for divorce, including:
- Willful desertion for more than one year
- Drug addiction or alcoholism
- Habitual drunkenness
- Incest or intermarriage between close family members
- Cruel treatment or abuse that endangers the life of a spouse
- Imprisonment for more than two years for an offense of moral turpitude
- One spouse’s confinement for incurable insanity
- Use of fraud, duress or force to gain consent to marriage
- Wife pregnant by another man at the time of the marriage without the husband’s knowledge
Dissolution of the marriage will be granted if any of these grounds can be proven in court. There are no residency or separation requirements necessary for obtaining a fault divorce.
In a no-fault divorce, one of the spouses states that the marriage is “irretrievably broken” through—as the name suggests—no fault of one spouse or the other but because of “irreconcilable differences.” Most divorces in Georgia are no-fault divorces.
If you are considering a divorce or if you have already been served with divorce papers, contact Wadkins & Wadkins today for help with your case.