Continuing our blog series Georgia’s thirteen statutory grounds for divorce according to O.C.G.A. § 19-5-3, here is ground number two.
Reason #2: You were mentally incapacitated at the time of marriage.
Marriage is a contract, or an agreement. Thus, marriage must be entered into freely, voluntarily and knowingly by both parties. If you suffered from a mental incapacity at the time of marriage, one that hampered your decision making ability, you may be able to seek a divorce based on Georgia’s second grounds for divorce. O.C.G.A. § 19-5-3 (2).
As can be imagined, this is not the most widely relied upon reason for divorce in Georgia. However, if you are able to prove that you suffered from a mental incapacity at the time of your marriage, you may be able to rely on this second reason to seek and obtain a divorce in Georgia. If you do seek a divorce based on Georgia’s second grounds for divorce, please know that this basis for divorce may only be relied upon if the mental incapacity was present at the time of marriage.