Determining the reason for Divorce

Georgia Law allows for a total of 13 different legal reasons, called grounds, for a total divorce. Twelve are fault-based. You will have to allege, and later prove, that your spouse did something wrong. The last, and most common, is the no-fault option, a simple statement that the marriage is “irretrievably broken.” The fault-based grounds include adultery, impotence, habitual drunkenness, drug addiction, and that the marriage was fraudulent. Many of these grounds date back to the original laws of over a century ago.

Divorce is a very stressful time and it is not uncommon to want to punish your spouse for wrongdoing and to list as many faults as possible in the divorce petition. Before you do this, you should consider speaking with our Attorney Sean R. Whitworth. When a fault is used as grounds for divorce, your spouse has the right to not only claim defenses and demand you provide proof for your accusations but also file a counterclaim with allegations of fault against you. Unless our Attorney counsels you that a fault-based divorce is necessary, you should strongly consider using the no-fault option.

 Call 770-415-8500 to request your appointment with Attorney Sean R. Whitworth, or submit the form below to request your preferred date and time.