On what grounds can I divorce my husband?

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On what grounds can I divorce my husband?

My husband stays occasionally stays out all night without me knowing his where abouts, he doesn’t answer his cell phone and he doesn’t contribute financially to the marriage. The financial burdens rest on me. In GA.

Asked on October 25, 2010 under Family Law, Georgia

Answers:

Rob MacKenna / The MacKenna Law Firm

Answered 11 years ago | Contributor

That is correct.  In Georgia the only requirement to obtain a divorce is your testimony that the marriage is "irretrievably broken."  There are other grounds, but they are rarely invoked and then only for specific reasons.  You should consult an attorney in your area to find out of any of them would be appropriate.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for your situation.  In Georgia there are 13 grounds for divorce.  One is known as a "no-fault" ground for divorce and is that the marriage is "irretrievably broken."  The other grounds are fault based grounds.  To obtain a divorce on one of the 12 fault grounds, one must prove that there was some wrongdoing by one of the parties to the marriage. They are as follows

Adultery:  Adultery in Georgia includes heterosexual and homosexual relations between one spouse and another individual. Desertion. A divorce may be granted on the grounds that a person has deserted his or her spouse willfully for at least one year.

Other fault grounds include mental or physical abuse, marriage between persons who are too closely related, mental incapacity at the time of marriage, impotency at the time of marriage, force or fraud in obtaining the marriage, pregnancy of the wife unknown to the husband at the time of the marriage, conviction and imprisonment for certain crimes, habitual intoxication or drug addiction and mental illness.

The best person to give you advice is an attorney in your area.  Good luck.

 


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