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One of the most asked questions from people
looking to separate or divorce is:-
Do I
have grounds for divorce?
Here are the grounds for divorce
in Georgia:
Adultery; Desertion; Voluntary Separation;
Conviction of a Felony; Two Year Separation;
Insanity; Cruelty of Treatment; and Excessively
Vicious Conduct; Bigamy; Voluntary separation
(requires that both parties live separate and
apart); criminal incarceration; mental insanity.
Voluntary Separation in (GA)
Georgia is where both of you agree to live
separate and apart without cohabitation. This
means that you are mutually agreeing to live in
separate residences. Georgia does not allow the
two of you to stay in the same home and assert
voluntary separation as a grounds for divorce.
The courts distinguish between "constructive
desertion"and "desertion" in (GA)
Georgia, which (under desertion) is when one of
the parties leaves without the intention of
returning. If the other person forces you to
leave, that is "constructive desertion." You
won't be penalized by the court if you leave for
your own protection or that of the child(ren).
Cruelty and vicious conduct
in (GA) Georgia is where you have been abused
by your spouse. The mere fact that the two of
you are not speaking is not generally considered
abuse.
Adultery
in Georgia (GA) is where your spouse is having
sexual relations with another person. However,
once you learn of the adultery and still have
sexual relations with your husband it is deemed
condoned or in plain english, forgiven. You do
not have to catch the spouse in the actual act.
The Court applies a more lenient test. Our
attorney's can explain in more detail.
If your spouse has been incarcerated for more
than 12 months on a three year sentence, then
you can file for a divorce.
Bigamy
in (GA) Georgia is where one of the spouses has
been married before, but never obtained a valid
divorce.
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