In Georgia, divorce proceedings require the petitioner to identify grounds or reasons for seeking a divorce. These grounds begin with no-fault options such as irretrievable breakdown of the marriage. However, select proceedings may require fault-based grounds that need evidentary support. A divorce attorney provides petitioners with the possible grounds from which to choose.
Conditions at the Time of the Marriage
Conditions that existed at the time of the marriage could provide a petitioner with grounds for a divorce. A man who failed to disclose that he was impotent before the marriage took place could provide medical grounds for a divorce. Equally, women who were pregnant by another partner before the marriage and did tell her partner could also face a divorce.
In the state of Georgia, any marriage that took place while either party was still married to another individual is not legal. The state would recognize the first marriage as legal and the married parties would need a divorce before remarrying. An existing marriage is grounds for a fault-based divorce.
A ground of mental incapacity could be used if the individual failed to disclose their illness to their new spouse. The petitioner could also use this ground if their spouse is admitted into a mental institution for at least two years. They would need to provide medical records to support their claim.
Proving Adultery in Divorce Case
Adultery is indicated if either party participates in a romantic relationship with someone else. The state accepts evidence to support this claim if obtained by a private investigator. This includes cell phone records, electronic messages, and photographs of the spouse with the individual.
Drug or Alcohol Addiction
Drug and alcohol addiction is an acceptable divorce ground in Georgia. However, this condition must exist for at least two years. The petitioner cannot live with the individual beyond the identified separation date. If they do, the court may render that they are condoning this behaviour.
Georgia divorce petitioners must provide a just cause for filing a divorce. This cause can be either no-fault or fault-based. They must choose a ground that is accepted by the state as well as provide clear evidence to support any fault-based claim. Petitioners who wish to review these grounds should contact a divorce attorney by visiting Website Domain today.
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