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The Difference Between Fault and No-Fault Divorce

By Mary Stearns-Montgomery | Sep 14, 2011 | Divorce
 

When a couple or an individual is considering ending their marriage the reason for the divorce may be simple or complicated. You might be wondering if you have to disclose the reason for the divorce when filing in the state of Georgia. The answer is no, in Georgia there are 13 grounds for divorce, including fault and non-fault divorces. Below is the breakdown of each filing.

Fault Divorce: Under Georgia law there are twelve grounds for divorce that are fault grounds.  They are:

  • 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;
  • The 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;
  • Habitual intoxication;
  • Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;
  • Incurable mental illness;
  • Habitual drug addiction.

When filing for divorce under one of these twelve fault grounds you must provide evidence that there is substantial reason for the divorce.

No-Fault Divorce: Filing a divorce under the grounds of no-fault means the marriage is irrevocably broken. When filing for a no-fault divorce you are not obligated to provide any other reason for the divorce or any wrong doing by the other party.

It is important to discuss all your options with an experienced Georgia family law attorney as laws vary from state to state.

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