Atlanta Divorce Lawyer's Guide to Grounds for Divorce - Mental Incapacity
In Georgia, parties cannot obtain a divorce except on one of 13 grounds allowed by law. OCGA §19-5-3. The second ground under the statute is “[m]ental incapacity at the time of the marriage.” OCGA §19-5-3(2).
In Georgia, to have the mental capacity to be married, the party must be of sound mind and be at least 18 years of age (unless parental consent is provided). If either of these is lacking, the divorce can be based on the ground of mental incapacity so long as the incapacity is sufficiently proven.