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Georgia Divorce Grounds – Impotency

There are thirteen grounds for divorce in Georgia, the third of which is "[i]mpotency at the time of the marriage." OCGA §19-5-3(3).

If you file for divorce under this ground, you must only allege that the impotency existed at the time of the marriage. Lovelace v. Lovelace, 179 Ga. 822, 830 (1934). Knowledge and condonation of the impotency are potential affirmative defenses to this divorce ground, which must be proved by the Respondent. Id. They do not, however, not need to be alleged by the Petitioner in anticipation of these defenses. Id. For example, the Petitioner does not have to allege in her Petition for Divorce that the Respondent knew of the impotency while she did not. The simple fact of impotency is sufficient.


Family Law (general)
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