Recrimination
Recrimination and like conduct defenses in Georgia divorce cases.
Amending Your Answer to Recriminate on New Grounds in Georgia
A Georgia spouse can amend the answer to recriminate on misconduct that happened after the divorce was filed, and striking that amendment is reversible error.
Read MoreAsking for a Divorce in Your Answer in Georgia
OCGA 19-5-6 lets a Georgia spouse recriminate in the answer and ask for a divorce, so that the court can grant the divorce to the defendant instead of the plaintiff.
Read MoreAsking Only for Temporary Alimony Will Not Stop a Georgia Divorce Dismissal
A Georgia spouse who asks only for temporary alimony, without recriminating or seeking permanent alimony, cannot stop the other spouse from dismissing the divorce.
Read MoreDoes Admitting Adultery Cost You Your Georgia Divorce?
A Georgia spouse who admits committing adultery is not automatically denied a divorce, because refusing one is discretionary rather than required.
Read MoreDoes Dismissing a Georgia Divorce Kill the Other Spouse's Alimony Claim?
A Georgia spouse who recriminates and asks for permanent alimony has a claim that stands on its own and survives dismissal of the divorce petition.
Read MoreIs Cruel Treatment "Like Conduct" Against Adultery in Georgia?
A Georgia spouse cannot defeat a cruel treatment divorce by proving the other spouse committed adultery, because the two are not like conduct.
Read MoreIs Cruel Treatment "Like Conduct" Against Desertion in Georgia?
The Georgia Supreme Court has held that cruel treatment and desertion are not like conduct, so proving your spouse deserted you will not stop their cruel treatment divorce.
Read MoreIs Hitting "Like Conduct" Against Verbal Cruelty in Georgia?
Georgia has never settled whether physical cruelty and mental cruelty are like conduct, and the two decisions on the question point in opposite directions.
Read MoreJudgment on the Pleadings When Both Georgia Spouses Want a Divorce
If one Georgia spouse pleads the marriage is irretrievably broken and the other asks for a divorce on a fault ground, the judge can end the marriage on the pleadings.
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