Not by itself. Georgia treats the denial of conjugal rights as one piece of evidence in a cruel treatment case rather than a ground standing on its own.
The Rule
Harkness v. Harkness, 228 Ga. 184 (1971), approved this jury instruction: “In order for the denial of conjugal rights to afford [grounds] for the divorce, the plaintiff must show that there was such a denial, that it was wilful, persistent and without justification and done with an intent to cast him off as a husband completely and forever.”
The Court also acknowledged that a requested charge stating that denial of conjugal rights, standing alone, “will not authorize a divorce on the grounds of cruel treatment” was itself a correct principle of law.
Both statements are true at once. Refusal alone will not carry a cruel treatment claim. Refusal that is willful, persistent, unjustified, and meant to cast the other spouse off completely can.
How It Is Actually Used
Harkness upheld the divorce because the denial was weighed together with everything else, quoting Hinkle v. Hinkle, 209 Ga. 554 (1953): “Certainly marital status is not limited to one act, or to a series of acts of a similar character. It covers the whole marriage relationship; and a course of conduct over a period of time which, within itself, would not amount to cruel treatment, might be found by the jury to be an integral part of a ‘calculated intent’ to create an intolerable situation.”
So the practical question is not whether your spouse refused you. It is whether that refusal was part of a deliberate course of conduct aimed at wounding you.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!