Disagreeing about religion is not a ground for divorce in Georgia. How your spouse acts on that disagreement can be.
The Distinction Georgia Draws
Stanton v. Stanton, 213 Ga. 545 (1957), sets out the rule: “The law has not designated, and indeed could not make, divers religious opinions a legal cause for separation. The fundamental law of the land guarantees freedom of religion and the right to worship according to the dictates of one’s own conscience. The manner, however, in which one spouse practices his or her religious belief, may constitute cruel treatment entitling the other to a separation or divorce.”
The Court added: “The fact that conduct which is actually cruel is motivated by an excess of religious zeal does not excuse it on any theory of a constitutional guaranty of religious freedom.”
What That Looked Like
The husband in Stanton argued that he had no cruel intent because he was only practicing his own faith. The evidence was that he did not simply try to persuade his wife to convert. He nagged her about it continuously, laughed at her, accused her of being afraid to listen to him, became highly emotional, paced the floor, went into rages, and carried on long into the night. She suffered physical and nervous exhaustion and was hospitalized, and he kept it up after her doctor warned him her health was suffering. The divorce was upheld.
Belittling a Spouse’s Faith
Running down what your spouse believes can also form part of the pattern. In Morrison v. Morrison, 215 Ga. 143 (1959), the wife’s evidence of constant sarcasm included her husband’s remarks that the church was full of hypocrites and that he did not see how any intelligent person could believe in God.
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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!