Grounds for Divorce in Georgia

There are a lucky 13 grounds for divorce in Georgia, ranging from adultery to being pregnant with another man’s child at the time of the wedding, to being convicted of a crime of moral turpitude having a prison term of more than 2 years. You must have a legal “reason” for a divorce to be granted, as set forth below.


  • The marriage is irretrievably broken

  • Intermarriage by people within the prohibited degrees of kinship

  • 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 (and unknown to the husband)

  • Adultery during the marriage

  • Desertion

  • The conviction of a crime of moral turpitude that results in a prison sentence of two years or longer

  • Habitual intoxication

  • Cruel treatment

  • Incurable mental illness

  • Habitual drug addiction

https://law.justia.com/codes/georgia/2010/title-19/chapter-5/19-5-3




Most divorces are filed on the catchall grounds of “irretrievably broken”, in other words, if you tell the Judge that you can’t be married anymore to your spouse that should be sufficient. However, if you claim your marriage is “irretrievably broken” you better not sleep with your spouse after filing. I had a three-day jury trial be dismissed because the clients slept together shortly before Court. Don’t do this if you want to get divorced.


In a divorce, you allege that you have been in a “bona fide” state of separation. Due to financial and other reasons, it’s not uncommon for people to be living together during the divorce process. “Bona Fide” state of separation really means you are no longer having sex with your spouse. Pro tip being: save sleeping with your ex until AFTER the divorce is over.


I can help you with all of your divorce cases. Contact me today.

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