Georgia law allows for divorce based on both fault and no-fault grounds. A no-fault divorce is one where neither party needs to prove the other committed wrongdoing. The sole ground for a no-fault divorce in Georgia is that the marriage is irretrievably broken, meaning there is no reasonable hope of reconciliation. To pursue this type of divorce, the couple must live separately and apart.
The availability of no-fault divorce simplifies the legal process in many cases. It eliminates the need for potentially lengthy and contentious court battles to establish fault, such as adultery or cruelty. This can lead to quicker resolutions and reduced legal costs. Historically, proving fault was a mandatory prerequisite for divorce, leading to situations where couples might fabricate evidence to satisfy the legal requirements. The introduction of the option described above aimed to streamline the process and acknowledge the reality that marriages can end without either party necessarily being at fault.
