Is Pornography Grounds for Divorce in Georgia?

Is pornography grounds for divorce in Georgia? A person wanting to file a fault-based divorce in Georgia may wish to cite their partner’s use of pornography. Depending on the couple, pornography can cause an irreparable strain on a marriage. Filing a fault-based divorce based on the use of pornography, however, can be difficult because of how the state of Georgia defines things like addiction and adultery.

Can Pornography be Considered Addiction?

Porn usage itself is not a grounds for divorce, and must be qualified under another reason in order to count under a fault-based divorce. There are thirteen grounds for divorce in the state of Georgia. An individual wanting to file a fault-based divorce might decide to categorize pornography usage as an addiction.

Psychologically, whether or not frequent pornography use can be classified as addiction, and whether porn addiction is real, is an ongoing debate. Regardless of one’s personal feelings, porn addiction does not fall under the legal definition of addiction in the state of Georgia, which is limited to “Habitual Drug Addiction,” or “Habitual Intoxication.” Therefore, it would be difficult to prove that a partner’s porn usage could be considered an addiction.

Can Pornography be Considered Adultery?

In Georgia, adultery is defined as “when a person has sexual intercourse with a person other than their spouse.” Pornography is not considered adultery in Georgia, so it may be difficult to file a fault-based divorce under the grounds of “Adultery” if frequent porn usage is the cause.

Other Considerations for Pornography as Grounds for Divorce

If something illegal is involved in the accrual or the contents of the pornography, such as possession of child pornography, these would be grounds for a fault-based divorce. Legal possession of adult pornography alone, however, may not be seen as a strain that makes a marriage “irretrievably broken,” and thus there may not be a legal claim.

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.