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Atlanta Divorce Lawyer’s Guide to Grounds for Divorce – Impotency

In Georgia, parties cannot obtain a divorce except on one of 13 grounds allowed by law.OCGA §19-5-3. The third ground under the statute is "[i]mpotency at the time of the marriage." OCGA §19-5-3(3).

A party filing a Complaint for Divorce alleging impotency as a ground for the divorce must only allege that the impotency existed at the time of the marriage. Lovelace v. Lovelace, 179Ga. 822, 830 (1934). The Petitioner does not have to allege that the Respondent knew of the impotency while she did not, nor that she "had not condoned the alleged impotency." Id. Knowledge and condonation are potential affirmative defenses, which must be proved by the Respondent, and do not need to be alleged by the Petitioner in anticipation of these defenses. Id.


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