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Official Code of Georgia Annotated

Title 19. DOMESTIC RELATIONS · Chapter 5. DIVORCE

19-5-4. Effect of collusion, consent, guilt of like conduct, or condonation.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    No divorce shall be granted under the following circumstances:#

    1. (1)

      The adultery, desertion, cruel treatment, or intoxication complained of was occasioned by the collusion of the parties, with the intention of causing a divorce;#

    2. (2)

      The party complaining of the adultery, desertion, cruel treatment, or intoxication of the other party was consenting thereto;#

    3. (3)

      Both parties are guilty of like conduct; or#

    4. (4)

      There has been a voluntary condonation and cohabitation subsequent to the acts complained of, with notice thereof.#

  2. (b)

    In all such cases, the respondent may plead in defense the conduct of the party bringing the action and the jury may, on examination of the whole case, refuse a divorce.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Laws 1850, Cobb’s 1851 Digest, p. 226; Code 1863, § 1673; Code 1868, § 1714; Code 1873, § 1715; Code 1882, § 1715; Civil Code 1895, § 2429; Civil Code 1910, § 2948; Code 1933, § 30-109.

Law reviews

For note discussing treatment of condonation in various jurisdictions and advocating its abolition as a strict defense so as to promote reconciliation, see 20 Mercer L. Rev. 481 (1969). For note advocating abolition of the defense of recrimination, see 20 Mercer L. Rev. 484 (1969).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, page 389; merge action: carried; file SHA-256 eddc877da9f2.