22.070 Irretrievably Broken Marriage

22.070 Irretrievably Broken Marriage One of the issues that you must decide in this case is whether or not the plaintiff is entitled to a divorce. The plaintiff has claimed in the pleadings an entitlement to a divorce on the grounds that the marriage is irretrievably broken, and this allegation has been denied by the defendant. With regard to this issue, a marriage is irretrievably broken if either or both parties are unable or refuse to cohabit, and there are no prospects for a reconciliation between the parties. It is not necessary to show that either party is at fault in any way. The only question to be determined is whether or not there are prospects for a reconciliation. O.C.G.A. §19-5-3 (13) Harwell v. Harwell, 233 Ga. 89 (1974) The fact that one party has hope for a reconciliation is not sufficient evidence to sustain a finding that there are genuine prospects for a reconciliation. If you find from the evidence that there are no genuine prospects for a reconciliation and that the marriage is irretrievably broken, then you would be authorized to grant a divorce to the parties. If you find that there are prospects for a reconciliation and that the marriage is not irretrievably broken, then you would not be authorized to return a verdict granting a divorce. McCoy v. McCoy, 236 Ga. 633 (1976)