There are thirteen grounds for divorce in Georgia, the eleventh of which is [i]ncurable mental illness." OCGA§19-5-3(11).
A party cannot obtain a divorce under this ground just because their spouse may be getting treatment for a mental illness. Rater, in order to obtain a divorce under this ground, three strictrequirements must be met:
(1) the allegedly mentally ill party must be found to be mentally ill by the court, or certified mentally ill by two physicians who have each personally examined him/her;
(2) the party must have been either in a mental institution or under the continuous treatment for his/her mental illness for a minimum of two years before the filing of the divorce action; and
(3) the chief executive officer of the institution and one court appointed physician must thoroughly examine the party and certify under oath that the party is so mentally ill that he/she cannotcomprehend the nature, duties, and consequences of the marriage relationship and that the party is not expected to recover. OCGA 19-5-3(11).