In Georgia, grounds for divorce are categorized as either “no-fault” or “fault-based.” One type of fault-based ground centers on actions that constitute mistreatment. This refers to instances where one spouse’s behavior towards the other is so egregious as to endanger the life, limb, or health of the other spouse, or creates a reasonable apprehension of such danger. An example could involve repeated physical abuse, or severe and persistent verbal abuse that leads to documented mental health issues.
Establishing fault-based grounds can have implications for the outcome of a divorce case. While Georgia is an equitable division state regarding marital property, proven misconduct, like the aforementioned treatment, may be considered when determining a fair and just allocation of assets. Furthermore, establishing the existence of such treatment can affect decisions concerning spousal support (alimony) and child custody arrangements. Historically, demonstrating spousal misconduct, even when other factors are considered, could influence judges towards favoring the injured party.
