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Thirteen Reasons to Divorce in Georgia: Part 3

Continuing our blog series Georgia’s thirteen statutory grounds for divorce according to O.C.G.A. § 19-5-3, here is ground number three.

Reason #3: Your husband is impotent.

Sexual dysfunction is a very sensitive and private issue that plagues many couples. In fact, sexual dysfunction may play a role in the deterioration of many marriages. Although sexual dysfunction or erectile dysfunction may be a contributing factor to divorce for many couples, many do not realize that in Georgia, impotence may serve as a reason for divorce in and of itself.

Specifically, in Georgia, a wife may seek a divorce from her husband if her husband was impotent at the time of marriage. O.C.G.A. § 19-5-3 (3). The section of Georgia law establishing this grounds for divorce is worded very precisely, and anyone seeking to obtain a divorce on this basis should be sure to take note of its precise wording. Georgia law only allows a divorce for this third reason due to impotency at the time of marriage. Thus, if the impotence or sexual dysfunction develops after a couple has wed, this reason for divorce may not be relied upon.

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