Divorcing a Criminal in Atlanta

The Atlanta Police Foundation notes that as of 2025, crime rates have dropped significantly in Atlanta. These declines include a 13% reduction in property crime, a 30% reduction in homicides, and a 21% drop in shootings. That said, crime is still relatively common in the greater Atlanta area, and this is something that can affect divorces. What might happen if you divorce a criminal? Can a divorce lawyer help?

Is Crime Grounds for Divorce in Georgia?

Like all other states, Georgia allows you to file for a “no-fault” divorce without establishing a specific reason for doing so. That being said, Georgia also allows fault-based divorces, and you can file for divorce if your spouse has been convicted of certain crimes.

Specifically, you can file for divorce if your spouse has been convicted of a crime of “moral turpitude” and sentenced to imprisonment for two years or longer.  Crimes of moral turpitude can involve fraud or violence. Even if your spouse has not been convicted of a crime of moral turpitude, you may still file for an at-fault divorce for other fault based reasons.

That being said, filing for a fault-based divorce is generally more difficult than filing for a no-fault divorce. There are additional steps involved because you need to prove that your spouse is at fault. This can add to your legal costs, and it may make more sense to simply file for a no-fault divorce.

What if I Fear for My Safety When Divorcing a Criminal?

Criminals are often violent or unpredictable. They may also possess firearms and other deadly weapons, and this represents a major concern for those who want to end marriages. If you fear for your safety, you can always seek help from law enforcement or an attorney. Anything you discuss with your lawyer is “privileged,” which means that they cannot repeat your conversations with anyone else. Even if you admit that your spouse has committed crimes in the past, your lawyer cannot alert law enforcement without your consent. This is true even if your spouse was never caught.

A solution to this situation might be a protective order. You can file for divorce after gaining your protective order, which prevents your spouse from coming near you or contacting you. You may be able to force your spouse to leave the family home or you may be able to take your children to another living space while you proceed with a divorce. Your spouse may need to provide you with temporary financial support during this process.

Can an Atlanta Divorce Lawyer Help? 

If you’re trying to divorce a criminal, a family law attorney in Atlanta may be able to help. These legal professionals understand the various challenges that might arise in this situation, and they can guide you toward positive outcomes. While divorcing a criminal can be stressful and difficult, you shouldn’t hesitate to end your marriage simply because your spouse lives a life of crime. Discuss your next steps with Kaye, Lembeck, Hitt & French today.

Sources: 

womenslaw.org/laws/ga/divorce#node-30089

georgia.gov/get-protective-order

atlantapolicefoundation.org/city-of-atlanta-reports-significant-mid-year-crime-reductions/