Georgia does not let you divorce for any reason you like. OCGA 19-5-3 sets out a closed list of thirteen grounds, and your case has to fit one of them.
The List
- Intermarriage by persons within the prohibited degrees of consanguinity or affinity
- Mental incapacity at the time of the marriage
- Impotency at the time of the marriage
- Force, menace, duress, or fraud in obtaining the marriage
- Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband
- Adultery in either of the parties after marriage
- Willful and continued desertion by either of the parties for the term of one year
- Conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment for a term of two years or longer
- Habitual intoxication
- Cruel treatment
- Incurable mental illness
- Habitual drug addiction
- The marriage is irretrievably broken
Two Things Worth Noticing
The first five grounds all describe a problem that existed when you married, not something that went wrong afterward.
The last one is the modern workhorse. Most Georgia divorces are granted on it, and the statute attaches a timing rule to it alone: “Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the respondent.”
The Grounds Have Their Own Requirements
Several entries on the list carry definitions or conditions written into the statute itself. Cruel treatment, incurable mental illness, and habitual drug addiction each come with statutory language narrowing what qualifies, and those details decide real cases.
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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!