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Georgia fault grounds for divorce

The grounds for divorce in the state of Georgia vary between traditional and contemporary. Today, many failing relationships turn to a no-fault divorce, but there are occasions when establishing fault can benefit at least one spouse. For example, a fault divorce may have an effect on spousal support or child custody decisions.

For the record, a no-fault divorce can occur when a marriage is deemed irretrievably broken with no hope of repair. If considering a no-fault divorce, neither you nor your spouse will have to prove any fault led to the end of the marriage.

Georgia has several fault grounds, which a spouse can use to seek a divorce. While the most common of these grounds include adultery or some form of cruelty, here are a few other grounds for divorce in Georgia.

-- Desertion of the marriage for at least one year-- Insanity or mental incapacity at date of wedding-- Habitual alcohol and/or drug addiction-- Convicted of a crime and sentenced with at least two years imprisonment-- Impotency-- Wife pregnant at wedding date by another man-- Illegal marriage with a blood relative-- Marriage due to duress, force or fraud

In essence, a spouse considering divorce must choose whether to proceed with a simple no-fault divorce or whether to raise allegations of fault against the other spouse. There can be advantages and disadvantages to both approaches, but it is ultimately up to the divorcing party.

The best way to make a decision between at-fault and no-fault divorce is by consulting a divorce attorney. A lawyer can help you decide which approach will work best for your unique situation.

Source: FindLaw, "Georgia Legal Requirements for Divorce," accessed July 01, 2015

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