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Georgia Divorce Grounds – Force, Menace, Duress or Fraud

There are thirteen grounds for divorce in Georgia, the fourth of which is “[f]orce, menace, duress, or fraud in obtaining the marriage.” OCGA §19-5-3(4).

In a Georgia divorce, menace is any overt act of a threatening character. Bryant v. Bryant, 192 Ga. 114, 116 (1941). Duress is defined as any conduct that coerces a person to do something,which they otherwise would not have done. Id. Thus, to obtain a divorce under this ground in Georgia, you must prove that you were forced, or fraudulently induced, into the marriage andthat, without the force or fraud, you would not have entered into the marriage.

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