No-Fault and At-Fault Divorces

Georgia law allows for both no-fault and at-fault divorce options.

No-Fault Divorce: 

• In a no-fault divorce, the petitioner does not need to prove any wrongdoing by either spouse.
• The reason for seeking the divorce is that the marriage is irretrievably broken, and there is no hope for reconciliation.
• It is based on the mutual decision of the spouses that the marriage cannot

At-Fault Divorce: 

• In an at-fault divorce, the petitioner must provide specific grounds or reasons for seeking the divorce.
• Examples of grounds for at-fault divorce in Georgia include prohibited intermarriage, mental incapacity, impotence, adultery, pregnancy by another person, desertion, habitual drunkenness or drug addiction, cruel treatment, and incurable mental illness.
• The divorce is sought based on the assertion that one spouse is at fault for the breakdown of the marriage.
  

In summary, a no-fault divorce is based on the general acknowledgment that the marriage is irretrievably broken, while an at-fault divorce requires pointing to specific reasons or misconduct by one of the spouses as the cause for the divorce.