Your spouse’s bad behavior in the divorce case itself will not get the divorce complaint dismissed for unclean hands.
What the Doctrine Says
Unclean hands is a shorthand for OCGA 23-1-10, which Georgia courts quote as providing that “[h]e who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter of the action.”
The last phrase is what limits it. Pryor v. Pryor, 263 Ga. 153 (1993), applies Sparks v. Sparks, 256 Ga. 788 (1987): “The unclean-hands doctrine does not bar a litigant from seeking equitable relief unless the misconduct relates directly to the transaction concerning which relief is sought.”
What Happened in Pryor
A wife filed for divorce on three grounds, including uncondoned adultery. After taking her deposition, the husband moved to dismiss, arguing she had admitted her adultery allegations were false and so came to court with unclean hands. The trial court dismissed her complaint.
The Georgia Supreme Court reversed. The “subject matter” and “transaction concerning which relief is sought” in a divorce case “is the marriage between the parties, not the divorce action itself.” Misconduct in the litigation is a different problem, and the Court pointed to “less draconian remedies” for it, such as OCGA 9-15-14 on abusive litigation.
The record would not have supported the finding anyway. The wife never conceded her allegations were false, only that she could not then prove them, and “[t]hat inability to prove her case at that time does not show unclean hands.”
Where It Does Apply
In Fedina v. Larichev, 322 Ga. App. 76 (2013), an ex-wife sued to cancel a promissory note she had signed, calling it a sham. Because the wrongdoing she described was the very transaction she was suing over, unclean hands defeated her claim.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!