The thirteenth ground for divorce in Georgia is simply that “[t]he marriage is irretrievably broken.” The statute does not define the phrase. The courts did.
The Definition
The General Assembly added the ground in 1973 and left the words undefined. In Harwell v. Harwell, 233 Ga. 89 (1974), the Georgia Supreme Court supplied the meaning: “An ‘irretrievably broken’ marriage is one where either or both parties are unable or refuse to cohabit and there are no prospects for a reconciliation.”
Two elements, then. Someone is unable or unwilling to live with the other, and there is no realistic prospect of putting the marriage back together.
The Only Question
Harwell framed what a court is actually deciding, and it is narrow. “The parties do not specifically complain of the other’s conduct. They merely state that their marital differences are insoluble and request a change of status. The only question is whether there are prospects for a reconciliation. It is a candid way of describing their problem.”
What a Denial Would Mean
The Court also explained the flip side, which clarifies the standard. “A finding that a marriage is not ‘irretrievably broken’ is a finding that a reconciliation may be possible. The finding is prospective in the sense that ‘all hope is not lost’ and the parties may yet resolve their differences.”
Importantly, it added, such a finding “is not a finding that the parties must reconcile their differences.” A court denying a divorce on this ground is not ordering anyone back into the marriage.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!