No. That is the entire point of the ground.
The Rule
Harwell v. Harwell, 233 Ga. 89 (1974), put it in four words at the front of its analysis: “Proof of fault is not required to show a marriage is ‘irretrievably broken.’”
The Court went on to describe what the parties do instead. “The parties do not specifically complain of the other’s conduct. They merely state that their marital differences are insoluble and request a change of status.”
Blame Is Not the Question
Dickson v. Dickson, 238 Ga. 672 (1977), stated the principle even more bluntly. “In a no fault divorce, the assignment of blame is irrelevant; the issue is a search for the realities of the marital situation, i.e., whether the marriage has ended in fact.”
That sentence explains a good deal about how these cases actually proceed. A judge is not weighing who behaved worse. The judge is deciding whether the marriage is over.
What Changed in 1973
Georgia law once ran the other way. Dickson acknowledged the shift directly, holding that “[t]he public policy of the state to hinder facility in the procurement of divorces has been amended to the extent that” the thirteenth ground “facilitates the procurement of divorces.”
What This Saves You
Not having to prove fault means not having to prove conduct, which means no witnesses to the affair, no records of the drinking, and no testimony about what was said. For many couples that is the difference between a contested trial and an agreed judgment.
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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!