There are three principal players involved in your marriage that will also be involved in your divorce: you, your spouse, and the state. You cannot simply break up, saddle your charger, and ride off into the sunset. Among other legal considerations, you have to give the state an acceptable reason why you should be allowed to break up. The reason is known as the ground for your divorce. Over the years each state has enacted legislation that governs acceptable grounds.
Any one of the listed grounds below, if proved, will result in the complete dissolution of the marriage (look to each ground in order to find out how to prove that ground). You can file for divorce under more than one ground: for instance, adultery and desertion.
Most couples will file for a no-fault divorce based on irreconcilable breakdown. This is the easy way to get a divorce. Use this ground if you are seeking an "uncontested" and "no-fault" divorce.
Grounds for divorce in Georgia can be found in Chapter 5 of the Georgia Statutes at: O.C.G.A. � 19-5-3 (2006):
� 19-5-3. Grounds for total divorce
(8) The conviction of either party
for an offense involving moral turpitude, under which he is sentenced to
imprisonment in a penal institution for a term of two years or longer;
(Code of Georgia Annotated; 19-5-3)
Any one of these grounds, if proved, will result in the complete dissolution of the marriage (look to each ground in order to find out how to prove that ground). You can file for divorce under more than one ground: for instance, adultery and desertion. Most couples will file for a no-fault divorce based on irreconcilable breakdown. This is the easy way to get a divorce.
In Georgia there are two types of annulment. In the first type the marriage is declared void ab initio, or from its inception, as though it had never existed. You do not legally have to go to court to have the marriage declared void ab initio, although it's a good idea to do so. In the case of an annulment, a marriage must be "totally void" in order for it to be considered annulled.
There are two characteristics of a "totally void" marriage:
One such defect is if your spouse was formally married to someone else and still has not divorced that person. Your marriage to this spouse is considered totally void.
Another defective marriage is one done between "blood" relatives. There is also a provision that a minor of 16 and 17 years of age or younger than 16 could not marry unless the statutory provision of the Family Law code �2�301 is met.
The second type of annulment is called voidable. A voidable marriage can only be annulled by going to court and having it declared void. . Annulment is available in Georgia, and in some cases it can be obtained under the name of a divorce. Along with obtaining an annulment for bigamy and for lack of consensual age, a marriage may be declared void if the parties did not really intend to marry or if they are incapacitated, as in insanity, intoxication, fraud, and duress. Although annulments may be granted, the preference of the court is not to annul, but for the parties to divorce. Also, any marriage that is expressly prohibited by statute is void by annulment.
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