What Are the Legally Permitted Reasons for Divorce?
Divorce laws vastly differ across the United States, with every state having its own list of requirements and valid reasons. Knowing the conditions accepted by the courts in your area is crucial to starting a smooth legal process. In Georgia, divorces are either fault or no-fault divorces. To understand where your case falls, it is advisable to consult a family law attorney.
“Evidence becomes crucial when it comes to charging adultery during litigation. It often includes the testimony of witnesses, photos, emails, texts, or any other corroborative proof that establishes infidelity,” says Shawna Woods of Atlanta Divorce Law Group. This article details the legally accepted reasons for obtaining a divorce in the state of Georgia.
Adultery
Adultery is a fault-based ground for divorce in Georgia. Adultery occurs when someone who is married voluntarily engages in sexual intercourse with someone other than their spouse. Extramarital affairs impact decisions regarding spousal support, property division, and custody rulings. The courts weigh whether marital funds financed clandestine behavior at the time of property division between the spouses.
Desertion or Abandonment
If your spouse willingly leaves the marriage for one continuous year, the law allows you to seek divorce on the grounds of desertion. Abandonment is a serious offense in Georgia courts and demands strong evidence that your spouse left without reason or consent. You can provide evidence like failed attempts to communicate, documentary records proving sole addresses, or sworn statements of reliable witnesses concerning the non-attendance of the spouse. Your judge thoroughly examines your case to ascertain if the desertion was mutual or caused by misconduct. Desertion also includes emotional abandonment, where abandonment is not necessarily physical. So, you can divorce your spouse if they willingly neglect to give love and money.
Habitual Intoxication or Drug Addiction
Another legitimate basis for seeking divorce is abuse of alcohol or drugs by a spouse. Courts appreciate the fact that drug addiction significantly disrupts marital life, finances, and mental health. Alcoholic spouses tend to ignore responsibilities, forget the needs of the family, and pathologically conduct themselves toward loved ones. The impact of their conduct, especially against children, cannot be overlooked, since courts emphasize the protection and stability of children in deciding divorce petitions. You should present evidence showing your spouse’s history of drug use. Good sources include police reports, charges of DUI, rehab stays, and financial records of excessive spending on drugs.
Cruel Treatment or Domestic Violence
If your spouse shows cruel treatment towards you, either physically or psychologically, divorce is a viable legal recourse. Courts seriously consider allegations of cruelty and move quickly to safeguard the harmed spouses. Cruel treatment includes conduct that endangers your safety or causes mental suffering and emotional distress. You can provide medical records of injuries, court-provided protective orders, threatening messages, eyewitness statements, or police incident reports to strengthen your case. Violent divorces require the services of a reputable lawyer, as the case is based on sensitive personal information and potential threats. Having a lawyer to support you shields you throughout the process and can even refer you to reliable counseling facilities, domestic violence shelters, and victim support networks.
Incurable Mental Illness
One dismal but accepted ground for divorce is incurable mental illness. The mental state has to be grave enough to drastically affect your spouse’s ability to cope in daily life and to conduct marital responsibilities. The law requires clear medical reports that confirm the mental health condition of your spouse, show a history of treatment, and affirm ongoing care without any prospect of healing. Testimonies by professional doctors or psychiatrists will usually validate such claims. Courts handle such cases cautiously because they are sensitive and demand compassion to guide the judicial process. Judges make decisions that balance your rights and your spouse’s interests.
Always Consult a Divorce Lawyer
Each divorce case is unique and has entailed complex emotional and legal issues. A qualified lawyer ensures you fully understand your rights, obligations, and options at each step of this complex process. Legal professionals carefully study the facts of your case to formulate a logical approach tailored to your needs. They draft necessary paperwork correctly, appear with you in court if required, and help you secure fair settlements. Additionally, attorneys may refer you to professionals like financial planners, counselors, or family support groups. Their counsel safeguards your interests and provides insight while making difficult choices on assets, children, or plans.
