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Do you have to prove anything to file for divorce in Georgia?

On Behalf of | Oct 11, 2022 | Uncategorized

It is common for people to feel uncertain about what the future holds as they contemplate filing for divorce. Many people aren’t even sure if they can successfully end their marriage.

For example, their spouse may have told them before that they would never cooperate with a divorce. The idea of trying to file for divorce and then being unsuccessful is a frightening prospect. Will you need to prove certain misconduct or problems from your marriage in order to obtain a divorce in Georgia?

There are multiple grounds for divorce proceedings

Currently, those residing in Georgia who hope to file for divorce have their choice of 13 different potential grounds for divorce. Many of them are fault-based grounds and therefore require evidence.

The fault-based grounds for divorce in Georgia include:

  • being closer related than is legal
  • mental incapacity when getting married
  • impotence at the time of marriage
  • agreeing to marriage due to coercion, menace, fraud or duress
  • adultery
  • desertion that lasts a year
  • conviction of a crime that carried a two-year or longer sentence
  • substance abuse
  • addiction
  • cruel treatment/ abuse
  • incurable mental illness

If you hope to divorce for any of these reasons, you will first need proof of the misconduct that you believe gives you the legal right to dissolve your marital relationship. Social media records and text messages, police reports and medical records are among the kinds of evidence that you may require to prove that you have grounds for divorce in Georgia.

When you don’t need evidence

Georgia also allows for no-fault divorces. Instead of claiming that your spouse was poorly behaved, you instead assert that your relationship is irretrievably broken and the two of you no longer relate well to one another.

It is impossible for you to prove or disprove your emotional relationship with your spouse, so no evidence other than a statement under oath is necessary if you hope to pursue a no-fault divorce. Given that there is less evidence involved and therefore potentially less contention, no-fault divorces tend to be faster and cheaper.