Title 19 — Domestic Relations
0 chapters · 398 sections in this title.
O.C.G.A. § 19-5-16 Restoration of maiden or prior name
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In all divorce actions, a party may pray in his pleadings for the restoration of a maiden or prior name. If a divorce is granted, the judgment or decree shall specify and restore to the party the name so prayed for in the pleadings. History. Ga. L. 1880-81, p. 121, § 1; Code 1882…
O.C.G.A. § 19-5-17 Determination of parties’ rights; preventing remarriage forbidden
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When a divorce is granted, the jury or the judge, as the case may be, shall determine the rights of the parties. No person shall be placed under a disability that would prevent remarriage. History. Code 1868, § 1726; Code 1873, § 1727; Code 1882, § 1727; Civil Code 1895, § 2445; …
O.C.G.A. § 19-5-2 Residence requirements; venue
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No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state f…
O.C.G.A. § 19-5-3 Grounds for total divorce
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The following grounds shall be sufficient to authorize the granting of a total divorce: (1) Intermarriage by persons within the prohibited degrees of consanguinity or affinity; (2) Mental incapacity at the time of the marriage; (3) Impotency at the time of the marriage; (4) Force…
O.C.G.A. § 19-5-4 Desertion
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Effect of collusion, consent or condonation, §19-5-4. Willful and continued desertion. Grounds, §19-5-3. Detailed statement of facts, demand for, §19-5-5. Determination of parties’ rights, §19-5-17. Disability preventing remarriage prohibited, §19-5-17. Domicile, §19-5-2. General…
O.C.G.A. § 19-5-5 Filing
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Transfer of property after filing, §19-5-7. Sufficiency of allegations, §19-5-5.
O.C.G.A. § 19-5-7 Sufficiency of allegations, §19-5-5
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Verification, §19-5-5. Pleadings and practice, §19-5-8. Confessions. Use as evidence, §19-5-11. Counterclaim. Grant of divorce to respondent without necessity of counterclaim, §19-5-6. Evidentiary attacks on prior judgments, §19-5-10. Evidentiary hearings, §19-5-10. Undefended div…
O.C.G.A. § 19-5-8 Pleading and practice
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The same rules of pleading and practice applicable to ordinary civil actions shall apply to actions for divorce, alimony, and custody of minor children, except as otherwise specifically provided in this chapter. No verdict or judgment by default shall be taken in any such case but…
O.C.G.A. § 19-5-9 Incompetency to serve as juror
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A juror who has conscientious scruples as to the granting of divorces shall be incompetent to serve in divorce cases. At the request of either party, the court may question the panel concerning such scruples. History. Laws 1840, Cobb’s 1851 Digest, p. 225; Code 1863, § 1681; Code…
O.C.G.A. § 19-6-1 Child support
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Recovery act. Locating deserting parents, §19-11-9. Husband or wife. Alimony for deserting spouse, §19-6-1. Grounds for total divorce, §19-5-3. Effect of collusion of parties, §19-5-4. DETECTIVE AND SECURITY BUSINESSES. Child support enforcement. Suspension or denial of license f…
O.C.G.A. § 19-6-10 Appeals, §19-6-11
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Support of spouse and minor child. Equity may compel, §19-6-9. 1445 INDEX WATER AND WASTEWATER TREATMENT PLANTS. Operators and laboratory analysts. Certification. Revocation or suspension of certificates. Child support enforcement, §§19-6-28.1, 19-11-9.3. Child support enforcement.…
O.C.G.A. § 19-6-11 Wage assignments, §19-11-20
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Welfare. Public assistance recipients. Benefit payments. Exclusions from gross income, §19-6-15. Debt to state created by payment of assistance, §19-11-5. Amount of debt, §19-11-5. Waiver, reduction, negotiation. Unreimbursed public assistance, §19-11-5. Enforcement of child suppo…
O.C.G.A. § 19-6-12 Permanent alimony
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Effect of subsequent cohabitation between spouses on, §19-6-12. Ground for revision of judgment for, §19-6-19. Void marriages.
O.C.G.A. § 19-6-13 NEGLECTED CHILDREN
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Child abuse and neglect. General provisions, §§19-14-1 to 19-15-7. NEPHEWS.
O.C.G.A. § 19-6-15 Singh v
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Hammond, 292 Ga. 579, 740 S.E.2d 126, 2013 Ga. LEXIS 250 (2013). Modification outside range of guidelines. — Trial court’s order modifying child support outside the range of the Georgia Child Support Guidelines was required to state the amount of support that would have been requi…
O.C.G.A. § 19-6-16 Enforcement of child support orders, decrees, or verdicts
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Orders, decrees, or verdicts, permanent or temporary, in favor of the children may be enforced as those in favor of a party. History. Ga. L. 1870, p. 413, § 3; Code 1873, § 1743; Code 1882, § 1743; Civil Code 1895, § 2463; Civil Code 1910, § 2982; Code 1933, § 30-208; Ga. L. 1979…
O.C.G.A. § 19-6-18 Hayes v
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Hayes, 248 Ga. 526, 283 S.E.2d 875, 1981 Ga. LEXIS 1033 (1981). Procedure for Modification Exercise of right to petition for modification of child support. — Right to petition for modification of child support is a right which belongs to the child or children involved which may be e…
O.C.G.A. § 19-6-19 Lump sum award
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Not available in case of, §19-6-21. Merits not at issue, §19-6-20. Modification of judgments. Applicability to judgments entered prior to March 9, 1955, §19-6-25. Not available in case of lump sum award, §19-6-21. Petition and hearing, §§19-6-18, 19-6-19. Temporary modification pen…
O.C.G.A. § 19-6-2 Attorney’s fees; when and how granted; enforcement
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(a) The grant of attorney’s fees as a part of the expenses of litigation, made at any time during the pendency of the litigation, whether the action is for alimony, divorce and alimony, or contempt of court arising out of either an alimony case or a divorce and alimony case, incl…
O.C.G.A. § 19-6-21 Merits not at issue, §19-6-20
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Modification of judgments prior to March 9, 1955, §19-6-25. Permanent alimony, §§19-6-4 to 19-6-8. Agreement for support as bar to, §19-6-8. Cohabitation grounds for revision, §§19-6-18, 19-6-19. Factors in determining amount, §19-6-5. Foreign divorce decrees, §19-6-27.
O.C.G.A. § 19-6-22 Revision of judgment for permanent alimony — Expenses of litigation
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Where a petition authorized by subsection (a) of Code Section 19-6-19 is filed by a party obligated to pay alimony, the court may require the party to pay the reasonable expenses of litigation as may be incurred by the party’s former spouse on behalf of the former spouse in defens…
O.C.G.A. § 19-6-25 Child support obligation
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Deviation from presumptive amount, §19-6-15. Child support recovery act.
O.C.G.A. § 19-6-26 Jurisdiction
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(a) As used in this Code section, the term: (1) “Child support order” means a judgment, decree, or order of a court or authorized administrative agency requiring the payment of child support in periodic amounts or in a lump sum and includes (A) a permanent or temporary order and …
O.C.G.A. § 19-6-27 Editor’s notes
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— Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides: ‘‘(a) This Act shall be known and may be cited as the ‘Debtor Creditor Uniform Law Modernization Act of 2015.’ ‘‘(b) To promote consistency among the states, it is the intent of the General Assemb…
O.C.G.A. § 19-6-28 Condonation
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Effect of, §19-5-4. Confessions. Uncorroborated confessions, §19-5-11. Consanguineous marriage. Grounds, §19-5-3. Counterclaims. Divorce granted respondent without necessity, §19-5-6. Criminal conviction. Offense involving moral turpitude. Grounds, §19-5-3. Cruel treatment. Corro…
O.C.G.A. § 19-6-28.1 Licenses
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Child support enforcement. Suspension or denial of license for failure to pay support, §§19-6-28.1, 19-11-9.3. Revocation or suspension. Child support enforcement, §§19-6-28.1, 19-11-9.3. MUNICIPAL CORPORATIONS. Garnishment. Definition of public corporation, §18-4-1. Generally, §§…
O.C.G.A. § 19-6-29 Termination notice, §19-11-28
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Life insurance. Inclusion in order of support, §19-6-34. 1355 INDEX CHILD SUPPORT —Cont’d Insurance coverage —Cont’d Vision or dental insurance available for child. Deviation from presumptive obligation, §19-6-15. Involuntary loss of income, §19-6-15. Deviation from presumptive a…
O.C.G.A. § 19-6-3 Venue
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Application for alimony or support by resident after foreign divorce granted, §19-6-27. Voluntary separation. Permanent alimony. Agreement for support as bar to, §19-6-8. Effect on alimony, §19-6-12.
O.C.G.A. § 19-6-30 Editor’s notes
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Ga. L. 1995, p. 603, § 4, not codified by the General Assembly, provides that it is the intention of Sections 1 and 2 of that Act to encourage judges in divorce cases to require all couples involved in contested divorces to go to mediation to attempt a mutually agreeable settlemen…
O.C.G.A. § 19-6-33 Social security benefits
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Final child support order regarding, §19-6-15. Split parenting.
O.C.G.A. § 19-6-33.1 Family support registry
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(a) As used in this Code section, the term: (1) “Child support enforcement agency” means the entity within the Department of Human Services and its contractors that are authorized to enforce a duty of support. (2) “Earnings” means any form of payment due to an individual, regardl…
O.C.G.A. § 19-6-34 Inclusion of life insurance in order of support
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(a) In any case before the court involving child support, the court may include in the order of support provision for life insurance on the life of either parent or the lives of both parents for the benefit of the minor children. The court may order either parent or both parents t…
O.C.G.A. § 19-6-4 When permanent alimony authorized; how enforced
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(a) Permanent alimony may be granted in the following cases: (1) In cases of divorce; (2) In cases of voluntary separation; or (3) Where one spouse, against the will of that spouse, is abandoned or driven off by the other spouse. (b) A grant of permanent alimony may be enforced e…
O.C.G.A. § 19-6-5 Foreign divorce decrees, §19-6-27
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How enforced, §19-6-4. Interest in estate of grant of, §19-6-7. Liability after granting, §19-6-6. Remarriage, §19-6-5. When authorized, §19-6-4. Petition for alimony when no divorce pending. Appeals, §19-6-11. Decree, §19-6-10. Effect of filing for divorce, §19-6-10. Equitable re…
O.C.G.A. § 19-6-50 Creation; responsibilities
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There is created the Georgia Child Support Commission for the purpose of studying and collecting information and data relating to awards of child support and to create and revise the child support obligation table. The commission shall be responsible for conducting a comprehensiv…
O.C.G.A. § 19-6-52 Meetings; members’ expenses
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(a) The commission shall hold meetings at the call of the chairperson or as called by the Governor. Meetings shall be open to the public. (b) A quorum for transacting business shall be a majority of the members of the commission. (c) Any legislative members of the commission shal…
O.C.G.A. § 19-6-53 Creation; responsibilities
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Members; terms; chairperson, other officers, and committees; staffing and funding. Meetings; members’ expenses. Duties; powers; authorization to retain professional services. For note appraising the Georgia domestic relations long-arm statute, see 18 Ga. L. Rev. 691 (1984). For a…
O.C.G.A. § 19-6-6 Liability after grant of alimony
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(a) When permanent alimony is granted, the party liable for alimony 453 19-6-7 shall cease to be liable for any debt or contract of the former spouse of the liable party. (b) Upon the grant of permanent alimony, the property of the liable party set apart for the support of the fo…
O.C.G.A. § 19-6-7 Interest in deceased party’s estate after grant of permanent alimony
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After permanent alimony is granted, upon the death of the party liable for the alimony the other party shall not be entitled to any further interest in the estate of the deceased party by virtue of the marriage contract between the parties; however, such permanent provision shall…
O.C.G.A. § 19-6-8 Effect on alimony, §19-6-12
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Enforcement of orders, §19-6-28. Equity may compel support, §19-6-9. Final judgment or decree for divorce. Form, provision concerning, §19-5-12. Foreign divorce decrees. Application for permanent alimony after grant of decree, §19-6-27. Grant of alimony. Liability after grant of …
O.C.G.A. § 19-7-1 PARENTING PLANS
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Custody of child at issue, §19-9-1. PAROL CONTRACTS. Voidable transactions. When transfer made, §18-2-76. PAROL EVIDENCE. Voidable transactions. Oral contracts. When transfer made, §18-2-76. 1414 INDEX PARTIES. Adoption. Postadoption contact agreements, §19-8-27. Assignments for …
O.C.G.A. § 19-7-2 Parents’ obligations to child
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It is the joint and several duty of each parent to provide for the maintenance, protection, and education of his or her child until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs, except as otherwise authorized and ordered purs…
O.C.G.A. § 19-7-21 ASSETS
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Courts. Equitable assets. Assistance to creditors in reaching equitable assets, §18-2-3. 1335 INDEX ASSETS —Cont’d Debtor and creditor. Reaching of equitable assets by creditors, §18-2-3. Debts. Reaching of equitable assets by creditors, §18-2-3. Equity. Reaching of equitable ass…
O.C.G.A. § 19-7-22 Venue for filing petition, §19-7-22
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Voluntary acknowledgment of paternity. Hospital program for establishment of paternity, §19-7-27. LEVY OF ATTACHMENT. Generally, §§18-3-73 to 18-3-75. Property, §§18-3-30 to 18-3-32. LEWDNESS. Child custody, loss of, §19-7-4. LIABILITY. Alimony. Grant of alimony, §19-6-6. 1403 IN…
O.C.G.A. § 19-7-23 Child support
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Legitimacy. Abandonment of dependent child. Agreement of support of child born out of wedlock, §19-10-1. Parents’ obligations to child, §19-7-24. BORN OUT OF WEDLOCK —Cont’d Child support —Cont’d Recovery act. Liability of father for support of child born out of wedlock, §19-11-1…
O.C.G.A. § 19-7-24 Parents’ obligations to child born out of wedlock
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It is the joint and several duty of each parent of a child born out of wedlock to provide for the maintenance, protection, and education of the child until the child reaches the age of 18 or becomes emancipated, except to the extent that the duty of one parent is otherwise or fur…
O.C.G.A. § 19-7-25 Parents’ Bill of Rights, § 20-2-786
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Guardian of minor children in event of divorce; death of spouse or former spouse, § 29-2-3. Age of majority, § 39-1-1.
O.C.G.A. § 19-7-26 Discrimination against mother
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Injury or death of child born out of wedlock. Prohibited, §19-7-26. Disputing legitimacy, §19-7-20. Divorce. Effect on issue of marriage, §19-5-15. Hospital program for establishment of paternity, §19-7-27. Human embryo adoption, §§19-8-40 to 19-8-43. Inheriting from father in sa…
O.C.G.A. § 19-7-27 Hospital program for establishment of paternity
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(a) Except in the event of a medical emergency, prior to the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall provide to the mother and alleged father: (1) Written materials about administratively…
O.C.G.A. § 19-7-3 Domicile
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Minors, §19-2-4. Employees. Child abuse and neglect. Employees of hospitals, schools, social agencies, etc. Reporting to superiors as satisfaction of reporting requirement, §19-7-5. Graduation. Child custody. Family member visitation. Performances, recitals, graduations, etc, not…