Georgia allows a divorce for a spouse’s incurable mental illness, and it is the most tightly conditioned ground in the statute.
What the Statute Says
OCGA 19-5-3(11) lists “[i]ncurable mental illness” as a ground for total divorce, then immediately narrows it: “No divorce shall be granted upon this ground unless” a long list of conditions is met.
That structure is unusual. Most of the thirteen grounds are a phrase. This one runs to a full paragraph of adjudications, confinement periods, sworn medical opinions, and notice requirements.
It Is Not the Same as Mental Incapacity
Georgia has two mental health grounds and they answer different questions.
OCGA 19-5-3(2), mental incapacity at the time of the marriage, asks whether your spouse could enter the marriage at all. OCGA 19-5-3(11) assumes the marriage was perfectly valid and asks about an illness that came later.
That difference has a consequence. Incurable mental illness is a ground for divorce only – it will never support an annulment, because there was nothing wrong with the marriage when it was made.
The Courts Enforce the Conditions Strictly
Morris v. Morris, 215 Ga. 24 (1959), states the standard. The Georgia Supreme Court held that the ground’s “provisions for notice to certain persons and proof that one is incurably insane must be strictly complied with.”
Strict compliance is not a figure of speech here. A divorce granted on this ground without the certifications the statute requires, or without notice to the people it names, is exposed.
The Practical Reality
This ground is rarely used. It requires a sworn medical opinion that recovery “cannot be expected at any time during his life,” which is a hard thing for two examiners to certify, and it takes time and cooperation a spouse seeking a divorce usually does not have.
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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!