Sexual intercourse between spouses is conclusive evidence of condonation in Georgia, but it is not required to prove condonation.
The Rule
Dixon v. Dixon, 211 Ga. 869 (1955), states both halves in one sentence: “Sexual intercourse is not an essential element of condonation, although it is conclusive evidence thereof.”
Read the word “conclusive” carefully. Evidence that is conclusive is not weighed against anything. Where intercourse is established, no further proof of forgiveness is needed and there is no contrary showing to be made on that point.
The other half cuts the opposite way. Because intercourse is “not an essential element,” a spouse who insists nothing physical happened has not answered a condonation defense. Resuming the marriage in other respects can be enough on its own.
An Example
Dixon itself shows how much can turn on it. A soldier returned from captivity in Korea to learn that his wife had given birth to another man’s child while he was gone. He filed for divorce on the ground of adultery.
His wife answered that after he came home the normal relationship of marriage was resumed and that they had lived together as man and wife since the petition was filed. She later testified that her husband had assured her the case was dismissed, and that they went back together and lived as husband and wife right up to the day the decree was entered.
The Georgia Supreme Court held her uncontradicted testimony demanded a finding that the decree had been obtained by fraud, because on that evidence “there could be no divorce between the parties.”
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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!