Does Lack of Intimacy Count as Desertion in a Divorce?

A person wanting to file a fault-based divorce in Georgia may wish to base their claim on lack of intimacy. However, a willful withholding of intimacy by a partner can be emotionally draining, and disclosing the specifics of this tension in the marriage during divorce proceedings can be embarrassing for the involved parties. Beyond the emotional toll, the lack of intimacy in a marriage can be difficult to quantify, but it can be grounds for divorce, with some caveats.

Is Lack of Intimacy Grounds for Divorce in Georgia?

Georgia allows both no-fault and fault-based divorce. There are thirteen grounds for divorce in the state of Georgia — one no-fault and twelve fault-based. A no-fault divorce uses the grounds that the marriage is irretrievably broken. If a person wishes for their divorce to be based on any of the other twelve grounds, the filer will have to prove their claim. There is no specific language for lack of intimacy as a grounds for divorce, but an individual wanting to file for a fault-based divorce may categorize the withdrawal as “desertion,” depending on the details. 

How does Georgia Define Desertion?

“Desertion” can be defined as either a willful absence or the end of cohabitation. Under Georgia law, “refusal to engage in marital relations or perform marital duties” is the language used to qualify a type of desertion. A willful absence is one that is not justified by the other partner’s conduct. The absence must last for a year or more to qualify. Proving desertion for the required time-frame can be extremely difficult, and if a spouse has deserted in some ways but not in others, such as financially, it can make cases more complicated. Courts might decide that a lack of intimacy is instead linked to a strain in the marriage, in which case, the marriage would be defined as “irretrievably broken.” If a person wishes to file a fault-based divorce on these grounds, it would be best to couple the lack of intimacy with other evidence of abandonment.

If You Are Facing a Divorce in Georgia, We Can Help.

If you are facing a divorce, you should contact an experienced attorney. We are confident our team can advise you concerning divorce laws in Georgia and your rights with compassion and understanding. At Andersen, Tate & Carr, our attorneys are dedicated to reaching the best possible outcome for our clients. Family law attorney Trinity Hundredmark has over a decade of experience representing clients divorcing in Georgia.  For more information, contact our law office at 1-770-822-0900.