“Grounds” are legally acceptable reasons for a divorce. The judge can grant you a “no-fault” divorce in Georgia based on the marriage being “irretrievably broken,” which means it’s impossible to fix it.¹

The other reasons that a judge can grant a divorce are if you or your spouse:

• are too closely related to each other as defined by law;
• was mentally incapacitated at the time of the marriage;
• was impotent at the time of marriage;
• forced, threatened, or deceived the other into getting married;
• was pregnant at the time of marriage by a man other than the husband, and the husband did not know this;
• commits adultery (cheats);
• have willfully deserted the relationship for a period of one year;
• are convicted of a crime that involves moral turpitude and have been sentenced to prison for at least two years;
• are habitually intoxicated;
• engaged in “cruel treatment” by intentionally causing physical or emotional pain that reasonably causes fear of serious injury or danger to one’s life or health;
• have an incurable mental illness, which has been “certified” by a court or by two physicians who have personally examined the patient, and the patient has been institutionalized for a period of two years before the filing of the divorce; or
• are addicted to drugs (any controlled substance).²

¹ Georgia Code § 19-5-3(13)
² Georgia Code § 19-5-3(1)-(12)

While divorce laws vary by state, here are the basic steps that a person may have to follow in most states:

• First, you or your spouse must meet the residency requirements of the state you want to file in.
• Second, you must have “grounds” (a legally acceptable reason) to end your marriage, which may include a no-fault ground such as irreconcilable differences.
• Third, you must file the appropriate divorce papers and have copies sent to your spouse - for the exact rules for serving the papers, contact your local courthouse or an attorney.
• Fourth, if your spouse disagrees with anything in the divorce papers, then s/he will have the opportunity to file papers telling her/his side.  This may be called “contesting the divorce.”  If s/he contests it, then you may have a series of court appearances to sort the issues out.  If your spouse does not disagree with anything, then s/he may sign the appropriate divorce papers and send them back to you and/or the court (depending on your state).  If your spouse agrees with everything and signs the papers, this may be called an “uncontested divorce.”  Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. (Speak to a lawyer in your state about how long you have to wait to see if your spouse answers before you can continue with the divorce).
• Fifth, if there is property, assets, a pension, debts, or anything else that you need divided, or if you need financial support from your spouse, then these issues may have to be dealt with during the divorce or else you may lose your chance to deal with these issues.   The issues may be worked out during settlement negotiations and incorporated into the divorce decree or in a series of court hearings during the divorce.  Custody may also be decided as part of your divorce.