A criminal conviction is grounds for divorce in Georgia, but only a narrow kind of conviction qualifies.
What the Statute Says
OCGA 19-5-3(8) makes a ground for total divorce out of “[t]he conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer.”
The Three Things You Have to Show
Holloway v. Holloway, 126 Ga. 459 (1906), broke the ground into its parts: “There are three essential ingredients in the ground for divorce: The commission of the offense involving moral turpitude, the conviction for the same, and a sentence for a term of two years or longer.”
All three are required, and each narrows the ground. An arrest or a pending charge is not enough, because there must be a conviction. A conviction alone is not enough, because there must also be a sentence. And a conviction for something that carries no moral stain does not qualify no matter how long the sentence.
The Sentence, Not the Time Served
The statute asks what the sentence was, not how long your spouse actually stayed in custody. Holloway says the same thing – the right to a divorce “results from the conviction and sentence.”
That matters because a two-year sentence rarely means two years behind bars. Parole, credit for time served, and probation all shorten the stay without shortening the sentence the judge imposed.
When the Ground Arises
Because the conviction and the sentence create the ground, it is available whenever they happen. Unlike the first five grounds in OCGA 19-5-3, this one has nothing to do with a problem that existed on the wedding day, and it does not make the marriage void.
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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!