Grounds for Divorce in Georgia: All 13 Options Explained

Georgia is one of the few states that maintains 13 separate statutory grounds for divorce under O.C.G.A. section 19-5-3. Twelve are fault-based and one is no-fault. Which ground you choose isn't just a formality — it determines your evidentiary burden at trial and can directly affect whether you receive or lose alimony.

The No-Fault Ground (Ground 13)

Irretrievably broken marriage is Georgia's only no-fault ground. You don't need to prove your spouse did anything wrong — just that the marriage has broken down beyond repair with no hope of reconciliation.

This is by far the most commonly used ground. It allows for faster, less adversarial proceedings and is the standard choice for uncontested divorces. Most family law attorneys recommend filing under Ground 13 initially, then amending to add fault grounds later if settlement negotiations break down.

The 12 Fault-Based Grounds

Each fault ground requires specific evidence. Your spouse's testimony alone is never sufficient — you need corroboration.

Grounds 1-5 (Marriage validity):

1. Consanguinity/affinity — marriage between persons too closely related
2. Mental incapacity — unable to consent at the time of marriage
3. Impotency — at the time of marriage (requires medical proof)
4. Force, menace, duress, or fraud — coerced or fraudulent consent
5. Wife's pregnancy by another man — unknown to the husband at marriage

Grounds 6-7 (Statutory alimony bars): 6. Adultery — voluntary sexual intercourse with a third party. Under O.C.G.A. section 19-6-1(b), a spouse who committed adultery that caused the separation is completely barred from receiving alimony. 7. Willful desertion — abandoning the marital home for at least one continuous year. Also triggers the statutory alimony bar.

Grounds 8-12 (Conduct-based): 8. Incarceration — conviction of a crime of moral turpitude with a sentence of two or more years 9. Habitual intoxication — persistent, compulsive alcohol abuse 10. Cruel treatment — pattern of physical abuse or severe psychological cruelty 11. Incurable mental illness — requires testimony from at least two licensed physicians 12. Habitual drug addiction — continuous use of controlled substances

How Grounds Affect Alimony

The most strategically significant aspect of choosing grounds is the alimony bar. Georgia law completely bars alimony for a spouse whose adultery or desertion caused the marital separation. The court must review the factual cause of the separation in every case where alimony is sought, regardless of which ground the divorce is ultimately granted on.

This means even in a no-fault filing, evidence of adultery can be introduced to defeat an alimony claim. Conversely, if the adultery happened after the separation, or if the couple reconciled and later separated for unrelated reasons, the bar doesn't apply — the adultery is considered "condoned."

Which Ground Should You Choose?

For most pro se filers, Ground 13 (irretrievably broken) is the right choice. It's simpler to prove, avoids the cost of gathering fault evidence, and keeps the door open for a cooperative resolution.

File under a fault ground only if you need to trigger the alimony bar (adultery or desertion) or if the fault evidence is strong and you believe it will influence the court's property division or custody decisions. Grounds like cruel treatment and habitual intoxication are relevant to custody determinations and claims of asset dissipation.

The Georgia Divorce Filing Process Guide covers how each ground interacts with Georgia's equitable distribution rules and walks through the specific evidence requirements for fault-based filings.

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