Georgia is a hybrid state when it comes to establishing fault in divorce cases. It has a no-fault option known as “the 13th ground,” which allows couples to obtain a divorce just by showing that the marriage is irretrievably broken and that reconciliation is no longer possible.
Each of the 12 other fault-based grounds is essentially a reason that one spouse is responsible for the breakdown of the marriage. Although it’s not required for a spouse to allege one or more of these grounds, doing so can make a difference in how issues like alimony or child custody are decided.
Going through a divorce? Contact an experienced divorce lawyer as early as possible to make sure you’re protected.
Pursuant to O.C.G.A. § 19-5-1, there are 13 legal grounds for divorce. These are:
To obtain a divorce based on any of the first 12 grounds, the petitioner must prove the other party’s fault or conduct.
The most common legal ground used by divorcing couples in Georgia is the 13th. These are typically low-conflict uncontested divorces. In contested divorces, however, the details surrounding the alleged grounds typically play a significant role in how the case gets settled.
Some grounds can offer the petitioner a strategic advantage during certain proceedings. For example, if the respondent is found to have committed adultery, the court may deny or reduce the amount of alimony.
If you have questions or concerns about dissolving your marriage, get in touch with an experienced family law attorney.
Sharon Jackson will guide you through the process of identifying which grounds apply to your case and help ensure that your rights are well-protected.
Contact us now at (678) 661-6969 to schedule a discreet personal consultation.
Attorney Sharon Jackson LLC
175 Langley Drive, Suite A1
Lawrenceville, GA 30046
Phone: (678) 909-4100
Fax: (678) 281-0482