Condonation is a defense to be raised and decided. It does not dismiss a pending Georgia divorce case on its own.
The Suit Does Not Die by Itself
Brewer v. Brewer, 205 Ga. 759 (1949), says so directly, quoting an earlier decision: “It could not be said that the suit had died. The suit was not abated nor in effect dismissed by the mere act of condonation.”
The facts show why it matters. A wife filed for divorce in Fulton County on the ground of cruel treatment. Her husband moved to Florida almost immediately after being served. She later went to Florida, resumed living with him on his promise never again to be guilty of the acts alleged, and left again when he broke it.
He argued the Fulton court had lost jurisdiction. The Georgia Supreme Court held it had not: “The fact that the parties may have moved out of the State of Georgia after the suit was filed and served would not cause the Fulton Superior Court to lose jurisdiction of the case then pending in that court.”
A Judge Cannot Simply Call It Condoned
In Poulos v. Poulos, 226 Ga. 375 (1970), a husband and wife each sought a divorce for cruel treatment. After hearing the evidence, the trial court on its own motion ruled that neither was entitled to one, because any cruel treatment had been condoned when the couple resumed marital relations shortly before separating.
The Georgia Supreme Court reversed. Each spouse had described conduct by the other occurring after that point, and the evidence “should have been submitted to the jury.”
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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!