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Consultation

Insanity Defense

Insanity as a defense to divorce grounds in Georgia.

August 25, 2026

Divorce for Cruel Treatment Inflicted Before a Spouse's Insanity in Georgia

You can divorce a spouse who is now mentally ill for cruelty committed before the illness began, but only those earlier acts count.

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August 25, 2026

Insanity as a Defense to Cruel Treatment in a Georgia Divorce

If you were mentally ill when the conduct happened, it cannot be cruel treatment, because a person who is insane cannot act willfully.

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August 25, 2026

Insanity as a Defense to Desertion in a Georgia Divorce

Desertion has to be willful, so a spouse who becomes mentally ill before the statutory year runs out has not deserted.

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