2021 Georgia Code
Title 19 - Domestic Relations
Chapter 5 - Divorce
§ 19-5-4. Effect of Collusion, Consent, Guilt of Like Conduct, or Condonation

1. 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, desertion, cruel treatment, or intoxication of the other party was consenting thereto;
   3. Both parties are guilty of like conduct; or
   4. There has been a voluntary condonation and cohabitation subsequent to the acts complained of, with notice thereof.
2. 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.

(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.)

- 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).

ANALYSIS

• General Consideration
• Like Conduct
• Condonation
• Jury Charge

RESEARCH REFERENCES

Am. Jur. 2d.

- 24 Am. Jur. 2d, Divorce and Separation, §§ 17, 125, 128, 135 et seq., 243, 366. 24A Am. Jur. 2d, Divorce and Separation, § 1033.

8B Am. Jur. Pleading and Practice Forms, Divorce and Separation, § 81.

- 27A C.J.S., Divorce, § 100 et seq.

- Condonation of matrimonial offense without cohabitation, 6 A.L.R. 1157; 47 A.L.R. 576.

Adultery by deserted spouse after desertion, as ground of divorce in favor of other spouse, 25 A.L.R. 1051.

Doctrine of comparative rectitude in divorce cases, 63 A.L.R. 1132; 159 A.L.R. 734.

Subsequent adultery as recriminatory defense to desertion or cruelty, 101 A.L.R. 646.

Knowledge of offenses as condition of condonation as defense to suit or counterclaim for divorce, 109 A.L.R. 683.

Collusion as bar to divorce, 109 A.L.R. 832.

Individual acts of cohabitation between husband and wife as breaking continuity of abandonment, desertion, or separation, or as condonation thereof, 155 A.L.R. 132.

Divorce: necessity and sufficiency of corroboration of plaintiff's testimony concerning ground for divorce, 15 A.L.R.2d 170.

Revival of condoned adultery, 16 A.L.R.2d 585.

What amounts to connivance by one spouse at other's adultery, 17 A.L.R.2d 342.

Recrimination as defense to divorce sought on ground of incompatibility, 21 A.L.R.2d 1267.

Condonation of cruel treatment as defense to action for divorce or separation, 32 A.L.R.2d 107.

Fault of spouse as affecting right to divorce under statute making separation a substantive ground of divorce, 14 A.L.R.3d 502.