Grounds for Divorce

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Divorce

Choosing to end your marriage by getting divorced is a difficult but often necessary course of action for many couples. Whether your divorce will be contested or uncontested, you need to seek reliable counsel.  Our firm's divorce attorney,  Allen Harris can help.  Our ultimate goal is to guide you through your divorce and help you achieve the best outcome possible as efficiently as possible. 


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 Individuals who choose to divorce will need to address matters such as property division, alimony, and child custody, support and visitation rights. When a couple is unable to come to an agreement, the court will decide these issues. Contested divorces are notorious for being difficult and challenging for both parties. Choose a divorce lawyer that can help you remain level-headed and counsel you so that you can make smart decisions for yourself and your family.  Allen Harris is qualified to handle your divorce case because:

  • He cares about every client that we represent.
  • He has more than 30 years of experience.
  • He is dedicated to the amicable resolution of your situation if possible, but is an experienced trial attorney ready to fight for your rights in court if necessary.
  • He provides you with knowledgeable counsel through the entire process. 


Grounds for Divorce

Most divorces are granted on the grounds that the marriage is irretrievably broken. If one party contends that there is no chance the parties can reconcile, a divorce can be granted on the grounds that the marriage is irretrievably broken. Divorce may be, but is very rarely, granted on a fault ground.  The following is a list of the fault grounds authorized in Georgia:


(1) Intermarriage by persons within the prohibited degrees of consanguinity or affinity


(2) Mental incapacity at the time of the marriage


(3) Impotency at the time of the marriage


(4) Force, menace, duress, or fraud in obtaining the marriage


(5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband


(6) Adultery in either of the parties after marriage


(7) Willful and continued desertion by either of the parties for the term of one year


(8) The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer


(9) Habitual intoxication


(10) Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health


(11) Incurable mental illness.  No divorce shall be granted upon this ground unless the mentally ill party has been adjudged mentally ill by a court of competent jurisdiction or has been certified to be mentally ill by two physicians who have personally examined the party; and he has been confined in an institution for the mentally ill or has been under continuous treatment for mental illness for a period of at least two years immediately preceding the commencement of the action; and the superintendent or other chief executive officer of the institution and one competent physician appointed by the court, after a thorough examination, make a certified statement under oath that it is their opinion that the party evidences such a want of reason, memory, and intelligence as to prevent the party from comprehending the nature, duties, and consequences of the marriage relationship and that, in the light of present day medical knowledge, recovery of the party's mental health cannot be expected at any time during his life.  Notice of the action must be served upon the guardian of the person of the mentally ill person and upon the superintendent or other chief executive officer of the institution in which the person is confined. In the event that there is no guardian of the person, then notice of the action shall be served upon a guardian ad litem, who shall be appointed by the court in which the divorce action is filed, and upon the superintendent or chief executive officer of the institution in which the person is confined. The guardian and superintendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the mentally ill person shall not be altered in any way by the granting of the divorce; or


(12) Habitual drug addiction, which shall consist of addiction to any controlled substance as defined in Article 2 of Chapter 13 of Title 16. Regardless of the reason that led to your divorce, you have the right to protect your rights as a parent, your assets and accustomed way of life. 


Our firm can help you safeguard your best interests throughout the entirety of your case and stand at your side every step of the way, even in court if necessary. 


 If you are considering filing for divorce or need assistance with your current divorce, please contact Harris Divorce & Family Law with a convenient office located in Roswell and serving all the Metro Atlanta counties.    

Before You File