Georgia law lists 13 different grounds for obtaining a divorce from your spouse. Of these, the most common ground is that the marriage is irretrievably broken, with no chance of reconciliation. The next most common grounds are adultery, and then cruelty. Habitual intoxication is still sometimes used, as is abandonment.
The grounds for divorce really mean something, and can have real substantive effect on your case. Even the ground of the marriage being irretrievably broken cannot be taken for granted. Believe it or not, we once had a divorce dismissed that was alleged on both the grounds of the marriage being irretrievably broken, and on the grounds of adultery. A rare occurrence but was strategically very valuable to our client.
The key issues in the above example, is that we obtained evidence that the husband was continuing to be affectionate towards his wife (even without sleeping together – and we had photos and witnesses to this), and that the husband had also “condoned” our client’s adulterous behavior. And yes, the court dismissed the husband’s divorce case upon this proof.
This sort of rare circumstance aside, almost every divorce will go through in the end. If the marriage is irretrievably broken, with no chance of reconciliation, this issue will usually not be contested and obtaining a divorce will not be a problem. Where the cause of divorce is adultery, that issue will often be contested because adultery can have real and material impact on the final resolution of the case in regard to alimony and property distribution issues.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.