Title 19

(a) In divorce cases which are not defended by the responding party, the judge shall determine that the asserted grounds for divorce are legal and sustained by proof or shall appoint an attorney of the court to discharge that duty for him. An evidentiary hearing for the determina…

The confessions of a party to acts of adultery or cruel treatment shall be received with great caution; if unsupported by corroborating circumstances and if made with a view to be evidence in the case, such confessions shall not be deemed sufficient to grant a divorce. History. O…

(a) A final judgment of divorce shall be prepared so as to conform to the pleadings and the evidence and may restore a maiden or prior name, if requested. It shall be prepared in form substantially as follows: “FINAL JUDGMENT AND DECREE Upon consideration of this case, upon eviden…

The verdict of the jury disposing of the property in a divorce case shall be carried into effect by the court by entering such judgment or decree or taking such other steps as are usual in the exercise of the court’s equitable powers to execute effectually and fully the jury’s ve…

New trials may be granted in actions for divorce as in other cases. History. Orig. Code 1863, § 1679; Code 1868, § 1722; Code 1873, § 1723; Code 1882, § 1723; Civil Code 1895, § 2441; Civil Code 1910, § 2960; Code 1933, § 30-130.

A total divorce annuls a marriage from the time of the rendition of the decree, unless the divorce is granted for a cause rendering the marriage void originally, in which case the divorce serves to annul the marriage from its inception. However, the issue of the marriage shall no…

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…

Use of confession as evidence; corroboration. Form of judgment and decree. Disposition of property in accordance with verdict. New trial. Effect of divorce. Restoration of maiden or prior name. Determination of parties’ rights; preventing remarriage forbidden. relations, see 42 M…

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…

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…

(a) No divorce shall be granted under the following circumstances: (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) The party complaining of the adultery, deser…

(a) The action for divorce shall be brought by written petition and process, the petition being verified by the petitioner. (b) The petition shall show: (1) The residence or last known address of the respondent; (2) That the applicant meets the residence requirements for bringing …

When a petition for divorce is filed, the respondent may recriminate in his answer and ask a divorce in his favor. If, at the trial, the court or jury believes that the respondent rather than the petitioner is entitled to a divorce, they may so find upon legal proof. History. Ga. L…

After a petition for divorce has been filed, no transfer of property by either party, except a bona fide transfer in payment of preexisting debts, shall pass title so as to avoid the vesting thereof according to the final verdict of the jury in the case; provided, however, that the …

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…

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…

(a) Alimony is an allowance out of one party’s estate, made for the support of the other party when living separately. It is either temporary or permanent. (b) A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation bet…

When spouses are living separately or in a bona fide state of separation and there is no action for divorce pending, either party, on the party’s own behalf or on the behalf of the minor children in the party’s custody, if any, may institute a proceeding by petition, setting forth…

A judgment of the superior court in a case brought under Code Section 19-6-10 shall be appealable on the same terms as are prescribed in divorce cases. History. Ga. L. 1870, p. 413, § 5; Code 1873, § 1748; Code 1882, § 1748; Civil Code 1895, § 2468; Civil Code 1910, § 2987; Code …

The subsequent voluntary cohabitation of spouses, where there has been no total divorce between them, shall annul and set aside all provision made either by deed or decree for permanent alimony; provided, however, that the rights of children under any deed of separation or volunt…

Until otherwise provided voluntarily or by decree or order of a court, each party shall be liable to third persons for the board and support and for all necessaries furnished to or for the benefit of the parties’ children. History. Orig. Code 1863, § 1696; Code 1868, § 1739; Code …

Pending a final judgment in an action for divorce, the judge presiding may grant as temporary child support a sum sufficient for the support of the children of the parties in accordance with Code Section 19-6-15. The judge may also hear and determine who shall be entitled to the c…

(a) Definitions. As used in this Code section, the term: (1) Reserved. (2) “Adjusted income” means the determination of a parent’s monthly income, calculated by deducting from that parent’s monthly gross income one-half of the amount of any applicable self-employment taxes being p…

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…

(a) Whenever the custody of a minor child has been lawfully awarded by any court having jurisdiction thereof to: (1) Any individual other than a parent of such child at any time subsequent to the rendition of a final divorce decree between the parents of such child; or (2) A paren…

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…

(a) The judgment of a court providing permanent alimony for the support of a spouse rendered on or after July 1, 1977, shall be subject to revision upon petition filed by either former spouse showing a change in the income and financial status of either former spouse. A petition sh…

(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…

In the trial on a petition authorized in subsection (a) of Code Section 19-6-19, the merits of whether a party is entitled to alimony are not an issue. The only issue is whether there has been such a substantial change in the income and financial status of either former spouse, in…

A petition authorized in subsection (a) of Code Section 19-6-19 can be filed only where a party has been ordered by the final judgment in an alimony or divorce and alimony action to pay permanent alimony in weekly, monthly, annual, or similar periodic payments and not where the for…

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…

Code Section 19-6-18 or Code Sections 19-6-19 through 19-6-22, as applicable, shall be effective and shall apply to any judgment of a court providing permanent alimony for support, unless rendered prior to March 9, 1955, in which case Code Section 19-6-24 shall apply. History. Ga…

Code Section 19-6-18 or Code Sections 19-6-19 through 19-6-22, as applicable, shall apply to all judgments for permanent alimony for the support of a wife rendered prior to March 9, 1955, where all the following conditions are met: (1) Both parties to the case in which the judgme…

When any judgment for permanent alimony rendered prior to March 9, 1955, is revised, amended, altered, settled, satisfied, or released, the same shall not thereafter be subject to revision, except upon the conditions specified in Code Section 19-6-24. History. Ga. L. 1957, p. 94, §…

(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 …

(a) Whenever, in any foreign country or any other state of the United States, any person obtains a divorce from such person’s spouse, which spouse at the time of the filing of the divorce action was a resident of this state, and in the divorce action the spouse was not personally …

(a) In addition to other powers specified in this chapter, the court shall have the power to subject the respondent to such terms and conditions as the court may deem proper to assure compliance with its orders and, in particular, shall have the power to punish the respondent who …

(a) As used in this Code section, the term: (1) “License” means a certificate, permit, registration, or any other authorization issued by the Department of Public Safety or any other licensing entity that allows a person to operate a motor vehicle, to engage in a profession, busin…

(a) Whenever an action for divorce or for permanent alimony is pending, either party may apply at any time to the presiding judge of the court in which the same is pending, by petition, for an order granting the party temporary alimony pending the issuance of a final judgment in t…

(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) “Court” means judge of any court of record or an administrative la…

(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) “Court” means judge of any court of record or an administrative la…

(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…

(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…

(a) As used in this Code section, the term: (1) “Child support obligee” means an individual to whom the payment of a child support obligation is owed and includes a custodial parent or caretaker of a child to whom such support obligation is to be paid or a governmental agency ent…

(a) A judgment or lien that survives the death of a party and is enforceable against the estate of the deceased party under subsection (d) of Code Section 19-6-1, Code Section 19-6-7, or any other provision of this article shall operate as a judgment or other lien created during …

(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…