Georgia Divorce Basics | Cobb County Divorce Lawyer

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A person seeking a divorce in Georgia must establish jurisdiction. He or she is required to have been a resident of the State for at least six months before a Complaint for Divorce can be filed. The complaint must be filed in the county where the other spouse resides. Typically, this will be the county where the parties lived together.

The Complaint for Divorce must state the reason the divorce is sought. There are 13 statutory grounds for divorce in Georgia. The most commonly used ground is “irretrievably broken” (sometimes referred to as the “no-fault” ground). The other 12 grounds for divorce in Georgia are “fault” grounds.

To obtain a divorce on this basis (irretrievably broken), one party must establish that he or she refuses to live with the other spouse and that there is no hope of reconciliation. It is not necessary to show that there was any fault or wrongdoing by either party.

To obtain a divorce on one of the 12 “fault” grounds, one must prove that there was some wrongdoing by one of the parties to the marriage.

As an example, one fault ground is adultery. Adultery in Georgia includes heterosexual and homosexual relations between one spouse and another individual.

Another “fault” ground for divorce in Georgia is desertion. A divorce may be granted on the grounds that a person has deserted his or her spouse willfully for at least a year. Other “fault” grounds include mental or physical cruel treatment, marriage between persons who are too closely related, mental incapacity at the time of marriage, impotency at the time of marriage, force or fraud in obtaining the marriage, pregnancy of the wife unknown to the husband at the time of the marriage, conviction and imprisonment for certain crimes, habitual intoxication or drug addiction, and mental illness.

SOURCE (and for more basic information): State Bar of Georgia