Legal Question in Family Law in Georgia

My husband has not stayed home in two month. I want to file for divorce for abandonment. How long do I have to wait for it to be considered abandonment. I reside in Georgia.


Asked on 12/19/10, 10:29 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

1 year. Try a no-fault based divorce (all you have to claim is that the divorce is "irretrievably broken"). Here's the statute on grounds for divorce in Georgia --

The grounds for dissolution are set forth at O.C.G.A. � 19-5-3, and are:

1. Intermarriage by persons within the prohibited degrees of consanguinity or affinity;

2. Mental incapacity at the time of the marriage;

3. Impotency at the time of the marriage;

4. Force, menace, duress, or fraud in obtaining the marriage;

5. Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;

6. Adultery in either of the parties after marriage;

7. Willful and continued desertion by either of the parties for the term of one year;

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;

9. Habitual intoxication;

10. Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;

11. Incurable mental illness;

12. Habitual drug addiction, which shall consist of addiction to any controlled substance as defined in Article 2 of Chapter 13 of Title 16;

13. The marriage is irretrievably broken. *******NO-FAULT DIVORCE*******

Best of luck.*****The above is for informational purposes and does not create an attorney-client privilege.*******

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Answered on 12/24/10, 10:59 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Since Georgia has a no fault ground for divorce that you can file now, there is no advantage to waiting a long time and attempting to file with another ground. See a lawyer now.

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Answered on 12/24/10, 11:11 am


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