2021 Georgia Code
Title 19 - Domestic Relations
Chapter 6 - Alimony and Child Support
Article 1 - General Provisions
§ 19-6-10. Voluntary Separation, Abandonment, or Driving Off of Spouse - Petition for Alimony or Child Support When No Divorce Pending - Order and Enforcement; Equitable Remedies; Effect of Filing for Divorce

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 fully the party's case. Upon three days' notice to the other party, the judge may hear the same and may grant such order as he might grant were it based on a pending petition for divorce, to be enforced in the same manner, together with any other remedy applicable in equity, such as appointing a receiver and the like. Should the petition proceed to a hearing before a jury, the jury may render a verdict which shall provide the factual basis for equitable relief as in Code Section 19-6-9. However, such proceeding shall be held in abeyance when a petition for divorce is filed bona fide by either party and the judge presiding has made his order on the motion for alimony. When so made, the order shall be a substitute for the aforesaid decree in equity as long as the petition is pending and is not finally disposed of on the merits.

(Ga. L. 1870, p. 413, § 4; Code 1873, § 1747; Code 1882, § 1747; Civil Code 1895, § 2467; Civil Code 1910, § 2986; Code 1933, § 30-213; Ga. L. 1979, p. 466, § 18.)

- For note discussing Georgia's child support laws, their problems, and some proposed solutions, see 11 Ga. L. Rev. 387 (1977).

ANALYSIS

• General Consideration
• Voluntary Separation
• Determining Alimony and Child Support

RESEARCH REFERENCES

Am. Jur. 2d.

- 24A Am. Jur. 2d, Divorce and Separation, §§ 633, 924.

19 Am. Jur. Pleading and Practice Forms, Parent and Child, § 56 et seq.

- 27B C.J.S., Divorce, § 500 et seq.

- Jurisdiction of court of state of which neither party is a resident over suit between husband and wife for alimony or division of property rights without divorce, 74 A.L.R. 1242.

Earning capacity or prospective earnings of husband as basis for alimony, 139 A.L.R. 207.

Jurisdiction of equity courts in the United States, without the aid of statute expressly conferring it, to entertain independent suit for alimony or separate maintenance without divorce or judicial separation, 141 A.L.R. 399.

Defenses available to husband in civil suit by wife for support, 10 A.L.R.2d 466; 36 A.L.R.4th 502.

Allowance of alimony in lump sum in action for separate maintenance without divorce, 61 A.L.R.2d 946.

Adjudication of property rights of spouses in action for separate maintenance, support, or alimony without divorce, 74 A.L.R.2d 316.

Power of court which denied divorce, legal separation, or annulment, to award custody or make provisions for support of child, 7 A.L.R.3d 1096.

Excessiveness or adequacy of amount of money awarded as separate maintenance, alimony, or support for spouse without absolute divorce, 26 A.L.R.4th 1190.

Reconciliation as affecting decree for limited divorce separation, alimony, separate maintenance, or spousal support, 36 A.L.R.4th 502.

Divorce: excessiveness or adequacy of combined property division and spousal support awards - modern cases, 55 A.L.R.4th 14.