Total divorces may be granted in proper cases by the superior court. Unless an issuable defense is filed as provided by law and a jury trial is demanded in writing by either party on or before the call of the case for trial, in all petitions for divorce and permanent alimony the judge shall hear […]
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 determination of the existence of the grounds for divorce […]
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. Orig. Code 1863, § 1674; Code 1868, § […]
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: Click to view When applicable, any one or more of the following clauses shall be included in the […]
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 verdict. History. Orig. Code 1863, […]
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. Cross references. New trial generally, T. 5, C. 5.
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 not be rendered born out of wedlock […]
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, § […]
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; Civil Code 1910, […]
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 for one year […]
The following grounds shall be sufficient to authorize the granting of a total divorce: Intermarriage by persons within the prohibited degrees of consanguinity or affinity; Mental incapacity at the time of the marriage; Impotency at the time of the marriage; Force, menace, duress, or fraud in obtaining the marriage; Pregnancy of the wife by a […]
No divorce shall be granted under the following circumstances: The adultery, desertion, cruel treatment, or intoxication complained of was occasioned by the collusion of the parties, with the intention of causing a divorce; The party complaining of the adultery, desertion, cruel treatment, or intoxication of the other party was consenting thereto; Both parties are guilty […]
The action for divorce shall be brought by written petition and process, the petition being verified by the petitioner. The petition shall show: The residence or last known address of the respondent; That the applicant meets the residence requirements for bringing an action for divorce or that the applicant is bringing a counterclaim and is […]
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. 1863-64, p. 45, […]
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 title to real property shall […]
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 the allegations of the pleadings shall be established to […]
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 1868, § 1724; Code 1873, § 1725; […]
