Condonation is forgiving your spouse for marital misconduct and then going on with the marriage.
How Georgia Defines It
In Brinson v. Brinson, 201 Ga. 540 (1946), the Georgia Supreme Court stated the definition Georgia courts still use: “Condonation is the forgiveness, either express or implied, by one spouse of the other, for a breach of marital duty, with an implied condition that the conduct will not be repeated.”
Two phrases in that sentence matter. The forgiveness may be “express or implied,” so you do not have to say the words. And it comes with an “implied condition” attached, which is why condonation is not simply a dead end for the forgiving spouse.
What the Statute Requires
OCGA 19-5-4(a)(4) bars a divorce where “[t]here has been a voluntary condonation and cohabitation subsequent to the acts complained of, with notice thereof.”
That sentence carries three requirements: (1) the condonation must be voluntary, (2) both the forgiveness and the resumed cohabitation must come after the acts being complained of, and (3) the forgiving spouse must have had notice of those acts.
Proving It Is Harder Than It Sounds
Brinson itself shows how the argument usually goes, and how it usually fails. A wife sued for divorce on the ground of cruel treatment. Her husband amended his answer to contend that she had condoned everything by living with him as his wife after the conduct she complained of.
The jury found for the wife anyway, and the Georgia Supreme Court affirmed. Living under the same roof was not enough on its own.
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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!