2022 Georgia Code
Title 19 - Domestic Relations
Chapter 5 - Divorce
§ 19-5-4. Effect of Collusion, Consent, Guilt of Like Conduct, or Condonation
- 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 of like conduct; or
- There has been a voluntary condonation and cohabitation subsequent to the acts complained of, with notice thereof.
- 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.
History. 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).