If your spouse has filed for divorce in Georgia, you have more than one way to resist it.
What Counts as a Defense
In Blaylock v. Blaylock, 277 Ga. 56 (2003), the Georgia Supreme Court applied the ordinary definition: a defense is “[t]hat which is offered and alleged by the party proceeded against in an action or suit, as a reason in law or fact why the plaintiff should not recover or establish what he seeks.”
That is broader than most people expect. The Court added that “[a] defense can be partial, as well as complete,” meaning one that goes to only part of what your spouse is asking for.
The Four Statutory Bars
OCGA 19-5-4(a) provides that no divorce shall be granted where (1) the adultery, desertion, cruel treatment, or intoxication complained of “was occasioned by the collusion of the parties, with the intention of causing a divorce,” (2) the party complaining of it “was consenting thereto,” (3) “[b]oth parties are guilty of like conduct,” or (4) “[t]here has been a voluntary condonation and cohabitation subsequent to the acts complained of, with notice thereof.”
Those four are collusion, consent, like conduct, and condonation.
Defenses the Statute Does Not List
Other defenses come from elsewhere. A respondent can raise a prior undissolved marriage, the inability of a party to contract the marriage in the first place, insanity at the time of the conduct complained of, or, for someone on active duty, a stay under the Servicemembers Civil Relief Act.
These Are Usually Not Decided on Paper
Do not expect a defense to end the case early. OCGA 19-5-4(b) provides that “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.”
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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!