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Grounds for Divorce in Georgia

C. Trimble • February 7, 2025

Georgia law provides several grounds for divorce, including both no-fault and fault-based reasons. The no-fault ground, and the most commonly used, is that the marriage is "irretrievably broken" (O.C.G.A. § 19-5-1). However, Georgia also allows for fault-based divorce on the grounds of adultery, cruelty, desertion, and others. If one party can prove that the other spouse engaged in misconduct, such as adultery, this may influence the division of property or alimony. However, fault is not always a significant factor in most Georgia divorces, as the court typically focuses on equitable distribution and the best interests of the child in custody matters (O.C.G.A. § 19-5-3). 

 

If you or someone you know needs help with any of these family law matters, please contact our office at 770-741-1570 or visit us at www.chisolmtrimblelaw.com. We have been named one of Georgia’s top 10 family law firms, and our Managing Attorney has been selected as one of Georgia’s SuperLawyers. Let us help you navigate these challenging legal matters with expertise and care. 

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