2020 Georgia Code
Title 19 - Domestic Relations
Chapter 5 - Divorce
§ 19-5-11. Use of Confession as Evidence; Corroboration
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.
(Orig. Code 1863, § 1674; Code 1868, § 1715; Code 1873, § 1716; Code 1882, § 1716; Civil Code 1895, § 2430; Civil Code 1910, § 2949; Code 1933, § 30-110.)
Cross references.- Criminal penalty for adultery, § 16-6-19.
JUDICIAL DECISIONS
Confessions of parties against themselves are admissible when there is no suspicion of collusion. Johns v. Johns, 29 Ga. 718 (1859).
Uncorroborated confessions.
- Confession of the respondent as to acts of adultery since the respondent's marriage, uncorroborated by other circumstances, will not authorize the granting of a divorce. Head v. Head, 2 Ga. 191 (1847); Woolfolk v. Woolfolk, 53 Ga. 661 (1875).
Total divorce will not be granted on evidence consisting exclusively in confessions of the defendant. Buckholts v. Buckholts, 24 Ga. 238 (1858).
Incriminating admission made by spouse in third person's presence.
- In a suit for divorce on the ground of adultery, an incriminating admission made by one spouse to the other in the known presence of a third person is not confidential or privileged, and the third person in whose presence the admission was made may testify to such admission on the trial of a divorce case between the parties. Cocroft v. Cocroft, 158 Ga. 714, 124 S.E. 346 (1924).
Cited in Collins v. Collins, 229 Ga. 222, 190 S.E.2d 539 (1972); McCoy v. McCoy, 236 Ga. 633, 225 S.E.2d 682 (1976).
RESEARCH REFERENCES
Am. Jur. 2d.
- 24 Am. Jur. 2d, Divorce and Separation, §§ 311, 321, 341 et seq.
C.J.S.- 27A C.J.S., Divorce, § 244 et seq.
ALR.
- Birth of child or miscarriage before or after lapse of normal period of gestation since access of husband as evidence of adultery, 21 A.L.R. 1457.
Necessity of corroboration of admission or confession of ground of divorce or nullity, 40 A.L.R. 630.
Discretion as to denial of divorce or separation where statutory grounds are established, 74 A.L.R. 271.
Association or conduct of spouse with persons of opposite sex as cruelty or abusive treatment justifying divorce or separation, 157 A.L.R. 631.
Admissibility in divorce action for adultery of wife's statement that husband was not father of her child, 4 A.L.R.2d 567.
Divorce: necessity and sufficiency of corroboration of plaintiff's testimony concerning ground for divorce, 15 A.L.R.2d 170.
